MEMORANDUM OF ADVICE

for presentation use: 2.5 cm margins, LH and RH justified, bibliography
• Notes and bibliography conform to AGLC3

Style: Use AGLC3

Legal Methods and Skills Memorandum of Advice Assignment

Lily Struthers is a sensitive soul. She had a strong childhood bond of friendship with Eva Trentham, but since Eva went away to university in Brisbane they have grown apart, something Lily regrets.

Eva’s family live on a large block of five acres in Bruce, a suburb in the Australian Capital Territory. The block does not have fences, and it is unclear where it begins and ends. Sometimes, when she is feeling especially nostalgic, Lily will walk along the borders of Eva’s family’s land, and think about old times. One such time was on 15 March, 2016. Lily was feeling especially pensive on this night, as 31 March was her old friend’s birthday. So she took herself for a walk by their house and in doing so realised that the house was ablaze with lights. Getting closer, she realised that a party was being held—a party, she suspected, in honour of Eva’s 21st birthday.

Deeply hurt, Lily came close to the house. When she was about 100 metres away (at which point she knew that she was on the Trentham’s property) she was stopped by Eleanor Butterworth, an employee of Safe and Sound Security, a firm hired by the Trenthams to provide security during the event. Eleanor told Lily that she was on private property, and that she had to leave immediately. Lily, very upset, refused. Eleanor asked Lily to leave a second time; when she refused again, Eleanor placed Lily in handcuffs and walked her to the house. The police were called, and Lily was escorted away… but not before seeing Eva who, from a distance, made eye contact and then turned away, without saying anything.

On 31 March, 2016, Lily came to your firm’s office. Speaking with your managing solicitor, Ellen Wood, she said that on 29 March she had received a letter from the Trentham’s solicitor saying that she was going to be sued for trespass to land. Because of this, as well as Eva’s snubbing her on the night of the party, Lily not only wants to know how she can defend herself in the trespass to land matter, but also the grounds on which she might sue the Trenthams. Ellen Wood speaks to you, detailing the matter as above and giving you the following instructions:

Please provide a memorandum of advice, written in an appropriate manner and using AGLC3 style, regarding Ms Struthers’s matter. We have been able to confirm that, as of yet, no civil action has been commenced, but you should assume, for purposes of this memorandum, that any such action would be commenced in the ACT.

With regards the Trentham’s action against Ms Struthers, you should briefly identify the law concerning trespass to land (this is a tort law matter, also known as the law of obligations), the elements of that the Trenthams will need to prove to make their case against Ms Struthers, and any defences, and apply these to our client’s case. Please note that while the Civil Law (Wrongs) Act 2002 (ACT) sets out defences to trespass to land, it does not identify the elements of the action; for that you will need to look elsewhere.

Having considered the grounds on which Ms Struthers might pursue an action against the Trenthams, I think that her best course lies in the tort of false imprisonment. Please describe the elements of this tort and how it operates in the context of any claim that she might have; in doing so, please identify and describe at least two pieces of relevant case law that have a bearing on the case in support of your advice. Note that the Civil Law (Wrongs) Act 2002 (ACT) does not have any provisions relating to this tort.

In both instances, you should identify the strengths and weakness of Ms Struthers’s position. You should also briefly consider the options, whether litigation or alternative forms of dispute resolution, generally available to her in resolving these matters.[1]

[1] Assume for the purposes of this assignment that Lily is not facing any charges relating to any other criminal or civil matter, nor is she looking to sue Eleanor Butterworth or Safe and Sound Security. While you should consider both litigation and alternative forms of dispute resolution as options available to Lily, do not spend time detailing the appropriate court in which these actions may be filed, or specific procedural questions connected to this. For information on the format, learning outcomes, and grading criteria for this assignment, please see the accompanying instructions on Moodle.

 

 

Order 110061: questions

Explain reasons why the medical office’s owner’s equity account from the balance sheet will not be equal to the Personal Physician New Worth calculation from the article. Reply with a question to one other student’s post and answer any question(s) your post received. Please include a reference or source at the bottom of your comment for your discussion question. also the two pdfs

 

Order 109729: The Clintons

Instructions: Go to the American Experience President’s Series on pbs.org, and watch either the documentary on Reagan or the one on Clinton The Clintons. This biography is about a political marriage, not just a president, and is particularly relevant given the political campaign for the 2016 Democratic nomination currently underway. Consider the following questions in writing your essay: In what ways did Hillary Clinton represent a new generation of women’s political leadership? What explains her commitment to Bill Clinton? In what ways did her role replicate that of Eleanor Roosevelt? In what ways did the debut of 24-hour news channels make life much more difficult for the Clintons than it had been for the Roosevelts? Many have criticized special prosecutor Ken Starr because he was looking for a crime instead of investigating one. His investigation of Whitewater, which turned up nothing illegal, cost taxpayers more than $40,000,000. Starr located a possible crime, but not the one he was looking for. Given that most previous presidents had extra-marital relationships that almost never became a target of national scandal, what does the media frenzy about the Monica Lewinsky affair say about modern American life and politics? Was the Republican response to his marital infidelity (impeachment) appropriate? (If you are not familiar with the constitutional criteria for impeachment, read the U.S. Constitution in the Appendix to your textbook. The constitution says that impeachment is justified if the accused has committed treason, bribery, or high crimes and misdemeanors. Consider whether or not lying about an extra-marital affair meets that criteria.) How do the commentators on the video evaluate his presidency? How do you evaluate it? Does the film help explain why Hillary Clinton appeals to older voters, particularly women, in 2016, but she has far less appeal to young women? Explain.

 

 

Order 109646: 1 Kings

MUST HAVE ACCESS TO: Dictionaries (At least two dictionary articles need to be part of the research) Good for general reference and word studies The New Interpreter’s Dictionary of the Bible (5 vols.) The Anchor Bible Dictionary (6 vols.) The Interpreter’s Dictionary of the Bible (5 vols.) – older but still a good source Commentaries (Three commentaries from this list need to be used in the research. Use no more than three commentaries since the information becomes redundant) Anchor Bible Commentary The New Interpreter’s Bible The New American Bible Commentary Hermenia Series The New International Commentary on the Old Testament/New Testament The Word Biblical Commentary The Interpretation Series The Old/New Testament Library Series The Broadman Bible Commentary Online Journals (At least two online journal articles need to be s part of the research) The only internet websites allowed are the databases JSTOR and ATLAS which are accessible through the library’s website. These are “Peer-reviewed articles). These sites offer full-text citations of many journal articles.

 

Order 109605: Talks Review: Reviving New York’s rivers — with oysters!

Please watch this talks “Kate Orff: Reviving New York’s rivers — with oysters!”, and write a review, talk about related NYC’s water issues. Below is the link to the talks. https://www.ted.com/talks/kate_orff_oysters_as_architecture?language=en

 

Order 109402: Health Care Service Provider Presentation

Resources: Microsoft® PowerPoint® Presentation Tutorials, Center for Writing Excellence Select one of the health care service providers identified in your Week Three assignment, Health Care Providers and Products. Prepare an 8- to 10-slide Microsoft® PowerPoint® presentation with detailed speaker notes that discusses the health care service provider selected. Include the following in your presentation: Identify the selected health care service provider selected. Identify two additional services and products he or she provides. Identify the roles of various stakeholders and emerging roles within the health care service provider selected. Explain how the services and products are financed or paid for. Identify current and future trends that may have an impact on this provider of health care services. Cite at least 3 peer-reviewed or scholarly reference and your textbook to support your information. For additional information on how to properly cite your sources, log on to the Reference and Citation Generator resource in the Center for Writing Excellence. Format your presentation according to APA guidelines. Your presentation must include a title page, introduction slide, conclusion slide, and a reference slide. Also be sure to note references “in text” of the speaker notes, like you would in the body of an essay. Week Three health care service providers as follows: Preventive care or public health Ambulatory or primary care Subacute or long-term care Acute care Auxiliary services Rehabilitative services End-of-life care Mental health services Emergency management or disaster preparedness Dental services Military and veteran services Indian health services