Week 3 Assignment: Case Study

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Week 3 Assignment: Case Study

Resources
Read/review the following resources for this activity:

Introduction
This case study provides an opportunity for you to review the laws and a possible infraction of the law. Experiential analysis provides an opportunity to both review and develop an understanding of how laws are enforced and the legal rights of those involved.

Activity Instructions
View and read the case FTC v. Tenet Health Care Corp. (link above). Develop a legal brief of the case using the information on the IRAC website listed above. In addition, provide an opinion as to whether you believe such circumstances rose to the level of being an antitrust violation or not. Explain your reasoning.

Writing Requirements (APA format)

  • 2-3 pages (approx. 300 words per page), not including title page or references page
  • 1-inch margins
  • Double spaced
  • 12-point Times New Roman font
  • Title page with topic and name of student
  • References page (minimum of 2 resources)

4th amendment

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4th amendment video attached.

https://www.youtube.com/watch?v=_4O1OlGyTuU&feature=youtu.be

 

Explain the protections guaranteed by the 4th Amendment. Review Riley v. California (page 526) and answer the following  Case Discussion Questions.

1. In what ways did the justices think searching cell phones impacts the Fourth Amendment’s protection of privacy? Why was this important to the Court’s decision?

2. How did the police use the information they found on Riley’s phone? On Wurie’s? Do you think either man could have been convicted without the use of that information?

Midterm Exam Case Problems

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Accounting & Finance Department

ACFI 406, 506

Midterm Exam Case Problems

1. The Lonely Guy Computer Dating Company, anticipating continued growth, was seeking to upgrade its computer software. Lonely Guy entered into a verbal agreement with Shoestring Software to design, develop, and furnish new software for Lonely Guy’s specialized application. Upon receiving Lonely Guy’s oral order, Shoestring sent a letter to Lonely Guy confirming all the terms of the deal in detail. When the job was completed, Lonely Guy refuses to accept or pay for the software application.

The president of Shoestring telephones you and wants to know what rights

Shoestring has against Lonely Guy. What will you tell her?

2. Fat Foods, Inc. telephoned four orders to Lean Machine Company to

purchase Lean Machine’s low calorie sweetener. Lean Machine sent Fat Foods written confirmation of each oral order. Each written confirmation contained an arbitration clause requiring the parties to submit any disputes to arbitration rather than commence a lawsuit. Upon receipt of each written confirmation Fat Foods initialed the document as requested. Upon receipt of the confirmations Fat Foods objected to the inclusion of a clause by Lean Machine in the third and fourth confirmation that extended delivery to thirty days rather than fourteen days as contained in the first and second confirmations and, the delivery term was changed to suit Fat Foods. After receipt, Fat Foods discovered that the sweetener did not meet the contract specifications. Lean Machine disagreed and demanded that the dispute be submitted to arbitration for resolution. Fat Foods disagreed and brought this court action to stop the arbitration proceedings (seeking what is called an “injunction”). The trial court judge ruled that the arbitration clause was not part of the agreement between the parties, in effect ruling in favor of Fat Foods.

Lean Machine files an immediate appeal arguing that the trial judge was in error and the case lands on your desk as a Justice (judge) of the Appeals Court. Was the trial court correct? Issue your ruling, in detail, your Honor.

3. Bo Jackson has contracted to purchase five hundred pairs of running shoes

And cross-training shoes from the Carl Lewis Company. The Carl Lewis Company manufactures the shoes and tenders delivery to Bo Jackson. Jackson accepts the shipment of shoes from FEDEX and forwards payment pursuant to the terms of the agreement. Later, upon inspection, Jackson discovers that twenty pairs of shoes have cosmetic “blemishes” (such as missing or substandard logos, lace eyelet inconsistencies).

Because Bo don’t know “diddly” (translates to “anything”) about the UCC, he comes to your law office for advice. What are Bo’s rights? What are Bo’s remedies? Since Bo has already paid for the shoes, is it too late for Bo?

Has Bo’s receipt of the delivery precluded him from returning the shoes?

Can Bo still reject the goods or, alternatively, revoke his acceptance? Explain in detail, Counselor.

4. Kanye and Kim were to become engaged on Valentine’s Day. Kanye

did not have the $250,000. (huge rock!) needed to purchase the engagement ring. Therefore, Kanye agreed to purchase the ring from the Dewey Cheetum Jewelers by making five monthly payment of $50,000. to the DC jewelers who agreed to set aside the ring and deliver it to Kanye after final payment was made by Kanye. However, Cheetum experienced cash flow difficulties and sold the ring to another customer, Chris Brown, hoping to replace the ring before Kanye came to pick it up. After final payment, Kanye came to pick up the ring and discovered that Dewey Cheetum Jewelers was closed-permanently and Cheetum had skipped town.

As Kanye’s legal counsel your investigation discovers who purchased Kanye’s ring and that the purchaser, Chris Brown, was Cheetum’s brother-in-law and had paid $150,000. for the diamond ring. What are Kanye’s rights against all the parties. Explain in detail.

5. Pong Golf Ball Co. is one of the largest manufacturers of quality golf balls in

U.S. Recently, Pong introduced its new “Rocket” model golf ball. Pong has always been synonymous with excellence in golf balls. After learning about the new model and its limited first year production through Pong’s promotional literature, Fuzzy, the resident golf professional at Shady Acres Country Club contracted to purchase 200 dozen “Rocket” model golf balls from Pong. A contract for sale was executed which contained the following paragraph:

All warranties, expressed or implied, other than those

Hereinbefore contained are hereby disclaimed.

Fuzzy sent a check to Pong for $5,000. for the new golf balls. After sending payment Fuzzy learned that the U.S. District Court issued a ruling in favor of Balding Sports Company in which the Court ruled that the “Rocket” model ball violated the patent rights of balding Company and their model ball, “The Cannon”. The Court’s order required Pong to discontinue manufacturing the “Rocket” model (referred to as a “cease and desist” order). Upon learning of this Fuzzy demanded that Pong return his check and Fuzzy informed Pong of his intent to refuse acceptance of the delivery of the 200 dozen “Rocket” model golf balls. Pong has threatened to bring an action in court for breach of contract by Fuzzy.

If Pong’s warranty disclaimer effective to defeat Fuzzy’s revocation of the contract? What claim or claims, if any, might Fuzzy maintain against Pong? Explain in detail.

A police officer who works near a local airport observes a car speeding on the road leading into the airport. He stops the car and approaches the vehicle, where he sees a man alone in the driver’s seat and his suitcase in the back seat.

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you will be analyzing three different hypothetical cases. Please answer the questions for each case in complete sentences, with proper spelling, grammar and punctuation. Each answer should be at least 3-4 paragraphs in length, and contain reasons for your answers. Please provide citations to cases if you feel it is necessary to fully answer the question.

Case One

A police officer who works near a local airport observes a car speeding on the road leading into the airport. He stops the car and approaches the vehicle, where he sees a man alone in the driver’s seat and his suitcase in the back seat. The traveler is sweating profusely, and keeps telling the officer he is in a hurry to catch a flight. The officer asks the traveler if he can search his luggage, and the man says yes. When the officer unzips the bag and starts the search, the man changes his mind and says no. At that point, the officer leaves the bag unzipped but still laying on the back seat where the contents are not visible. He calls for another officer to bring a drug detection dog to the site. The other officer and the dog get called to a more urgent search and don’t appear. The traveler asks to leave, which the officer says is ok, but he won’t let him take his bag. The traveler refuses to catch his plane, and asks for an attorney.

Analyze this case from both the traveler’s and the police officer’s perspective. What constitutional rights are at issue? Have any of them been violated?

Case Two

A police officer observes a motor home driving erratically down a main street at 10:00 a.m. She is concerned that the driver may be impaired by alcohol or drugs. When the officer approaches the driver’s side of the vehicle, the window is down and she can smell a strong marijuana odor. She also observes two other people in the vehicle, a woman in the front seat and a man in the middle of the mobile home sitting at a table. She also observes a clear plastic bag on the table with a white powdery substance inside. What can the officer do next based on these facts? Be specific in your answer.

Case Three

The Patriot Act, as originally passed and amended, significantly increased the ability of law enforcement to use search and surveillance procedures in the investigation of activities in the United States in the interest of national security and preventing terrorism. One provision of the Act, Section 213, is known as the “sneak and peek” provision. The provision provides law enforcement with warrants to enter a suspect’s house, and look for records on their personal computers, without notifying the suspect a search has occurred. This provision has also been used to investigate crimes other than terrorism, such as drug and fraud cases. Evaluate the pros and cons of this law, and include in your analysis the constitutional provisions that are affected.

The Secret Court and War on Terror

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The Secret Court and War on Terror

Locate 1-2 articles from a news source that discusses the Federal Intelligence Surveillance Court (FISA Court) and write a 1-2 page paper that answers the following questions:

1.  How and why was this court created?

2.  Were you aware this court existed?

3.  Do you agree with its purpose and the secrecy of its work?

4.  How does the work of this court relate to the constitutional protections against unreasonable searches and seizures?

Your paper should be written in APA format and include a citation to your source(s) in the text of the paper and on a references page.

Using Apps to Record Police Activity

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Using Apps to Record Police Activity

There are currently several apps available for smart phones that allow individuals to record their encounters with police. Research one of these apps and write a one to two page paper with the following information:

·  Summarize the features of the app and why you chose it, and explain if you think it is useful or not.

·  In addition, share your thoughts about recording devices on police cars and officer’s uniforms. What are the advantages and disadvantages of all of these recording devices?

·  Use a minimum of two sources, and include an APA citation to the sources in your paper and on a references page.

Your paper should be written in APA format and include a citation to your source(s) in the text of the paper and on a references page.

Child Support Questions

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  1. Father earns $6,286.00 per month gross salary which after deductions is $5,000.00 per month net salary.  Mother earns $2,740.00 per month gross salary which is $3,000.00 per month net salary after deductions and credit for declaring the two children on her income tax returns.  The parties have two children. There is no daycare cost or medical insurance.  They have shared parental responsibility of the minor children.  The father exercises 50 overnight visits with the minor children each years.  What is the monthly child support that the Father must pay the mother for the two children?                           For one child?
  2. Father earns minimum wage of $1,483.73 per month gross income which comes out to $1,325.19 per month net income.  The mother earns $1,483.73 per month gross income which comes out to $1,785.56 per month net income.  They have one child. There is no daycare cost or medical insurance costs.  They shared parental responsibility of the minor child.  The father exercises 35 overnight visits with the minor child each year.  What is the monthly child support that the Father must pay the mother for the child?
  3. The mother is currently  unemployed.  The court imputes minimum wage of $1,483.73 per month gross income which comes out to $2.391.90 in net income per month after deductions and credits for the four children.  The father earns $2,166.66 per month gross income which comes out to $1,881.37 per month net income. The parties have four children.  The mother has sole parental responsibility of the minor children.  The father exercises 30 overnight visits with the minor children each year.   The mother pays $15.00 per month in medical insurance cost for the children.  The mother spends $800.00 a month for the daycare of the children.   What is the father supposed to pay for child support for the four children?                       The mother wants to stay home with the children and not work.  She requests that the court not impute minimum wage to her so she can stay home and care for the four children?       Can the court do this?        If so, what would the new child support be?

 Building Community through the arts

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The video below provides a first-person narrative of a young couple’s passion for the arts as they transform their community from an ‘arts’ desert to an ‘arts’ showcase providing a venue for activist musicians to find audiences they might never otherwise connect with.     Please watch the video called Building Community through the arts which demonstrates how important every single individual can be in building a deep sense of community.

In your initial post, please address the following:

  • Why might musicians use their music to raise awareness and consciousness about different social issues? In your response please use at least one example (from the video, from your own community or from a different resource) in order to illustrate your points.
  • Artists and musicians often choose to utilize public spaces.  Why might a song, focused on a social justice issue, be more effective in public spaces rather than in a private home turned music venue?  Do you think there would be fewer or more restrictions on the types of messages when presented in the public forum?  Defend your position.
  • Benoit and Elaine are powerful examples of community building.  In a separate paragraph describe a venue you would create if given the chance.  What form of the arts would you focus on (dance, music, reading poetry, etc.) and what themes, social justice issues, or community issues would you present at the grand opening?  Explain your choice.

Please be sure to validate your opinions and ideas with citations and references in APA format.

As patient safety concerns continue to be addressed in the health care settings, nurses can play an active role in implementing safety improvement measures and plans. Often root-cause analyses are conducted and safety improvement plans are created to address sentinel or adverse events such as medication errors, patient falls, wrong-site surgery events, and hospital-acquired infections.

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For this assessment, you will use a supplied template to conduct a root-cause analysis of a quality or safety issue in a health care setting of your choice and outline a plan to address the issue.

As patient safety concerns continue to be addressed in the health care settings, nurses can play an active role in implementing safety improvement measures and plans. Often root-cause analyses are conducted and safety improvement plans are created to address sentinel or adverse events such as medication errors, patient falls, wrong-site surgery events, and hospital-acquired infections. Performing a root-cause analysis offers a systematic approach for identifying causes of problems, including process and system-check failures. Once the causes of failures have been determined, a safety improvement plan can be developed to prevent recurrences. The baccalaureate nurse’s role as a leader is to create safety improvement plans as well as disseminate vital information to staff nurses and other health care professionals to protect patients and improve outcomes.

As you prepare for this assessment, it would be an excellent choice to complete the Quality and Safety Improvement Plan Knowledge Base activity and to review the various assessment resources, all of which will help you build your knowledge of key concepts and terms related to quality and safety improvement. The terms and concepts will be helpful as you prepare your Root-Cause Analysis and Safety Improvement Plan. Activities are not graded and demonstrate course engagement.

Demonstration of Proficiency

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

  • Competency 1: Analyze the elements of a successful quality improvement initiative.
    • Apply evidence-based and best-practice strategies to address a safety issue or sentinel event.
    • Create a feasible, evidence-based safety improvement plan.
  • Competency 2: Analyze factors that lead to patient safety risks.
    • Analyze the root cause of a patient safety issue or a specific sentinel event within an organization.
  • Competency 3: Identify organizational interventions to promote patient safety.
    • Identify existing organizational resources that could be leveraged to improve a plan.
  • Competency 5: Apply professional, scholarly, evidence-based strategies to communicate in a manner that supports safe and effective patient care.
    • Communicate in writing that is clear, logical, and professional, with correct grammar and spelling, using current APA style.

Professional Context

Nursing practice is governed by health care policies and procedures as well as state and national regulations developed to prevent problems. It is critical for nurses to participate in gathering and analyzing data to determine causes of patient safety issues, in solving problems, and in implementing quality improvements.

Scenario

For this assessment, you may choose from the following options as the subject of a root-cause analysis and safety improvement plan:

Instructions

The purpose of this assessment is to demonstrate your understanding of and ability to analyze a root cause of a specific safety concern in a health care setting. You will create a plan to improve the safety of patients related to the concern based on the results of your analysis, using the literature and professional best practices as well as the existing resources at your chosen health care setting to provide a rationale for your plan.

Use the Root-Cause Analysis and Improvement Plan Template [DOCX] to help you to stay organized and concise. This will guide you step-by-step through the root cause analysis process.

Additionally, be sure that your plan addresses the following, which corresponds to the grading criteria in the scoring guide. Please study the scoring guide carefully so you understand what is needed for a distinguished score.

  • Analyze the root cause of a patient safety issue or a specific sentinel event in an organization.
  • Apply evidence-based and best-practice strategies to address the safety issue or sentinel event.
  • Create a feasible, evidence-based safety improvement plan.
  • Identify organizational resources that could be leveraged to improve your plan.
  • Communicate in writing that is clear, logical, and professional, with correct grammar and spelling, using current APA style.

Example Assessment: You may use the following to give you an idea of what a Proficient or higher rating on the scoring guide would look like:

Additional Requirements

  • Length of submission: Use the provided Root-Cause Analysis and Improvement Plan template to create a 4–6 page root cause analysis and safety improvement plan. A title page is not required but you must include a reference list as per the template.
  • Number of references: Cite a minimum of 3 sources of scholarly or professional evidence that support your findings and considerations. Resources should be no more than 5 years old.
  • APA formatting: Format references and citations according to current APA style.

Note: Your instructor may also use the Writing Feedback Tool to provide feedback on your writing. In the tool, click the linked resources for helpful writing information.

Portfolio Prompt: Remember to save the final assessment to your ePortfolio so that you may refer to it as you complete the final Capstone course.

Article Review : APA: D5 Ovarian Teratomas

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In the assigned article, you read about ovarian teratomas. This diagnosis, although rare, can cause patients to present with psychiatric symptoms. However, if not discovered, the patient can end up in respiratory arrest and/or cardiac arrest on the psychiatric unit. Think back over your experience to a time when a misdiagnosis may have had serious consequences to a patient. Research the disease and discuss it. What are the clinical manifestations? What are common differential diagnoses? How common is the disease? What are the potential consequences of misdiagnosis? How can misdiagnosis be prevented?

Your initial posting should be 200 to 300 words