Tag: Law

I have lived in Norway twice as an adult, and have witnessed the boom in electric vehicles along with their high gas taxes, congestion pricing and parking policies. Note that Norway has a population of about 5 million people, similar to the state of Oregon, with a few large population centers and a lot of rural areas where people are spread out, there is little public transportation, and it is cold. City walking, biking, and public transit infrastructure and daily commuting expectations are very different than in the cities, and all Norwegians love to get out into nature for hiking, skiing, and staying at their hytta (cabins) as much as possible, so their cars are still a necessity for recreation.

The graphic below gives you an update on electric vehicle adoption in different countries as of 2019. Read: Electric Cars Hit Record In Norway, Making Up Nearly 60 Percent Of Sales In March (NPR, 2019) (Links to an external site.). Note that this is just the percent of new car sales. It takes about 10 years for the whole vehicle fleet to turn over, so there are still many gas and diesel cars on the roads, but at a declining rate.

Think about the policies discussed in the article–what is Norway doing to incentivize the switch to electric cars, reducing GHG emissions, and would that work in the US? Why or why not (call on economics, facts, and values)? What would work in the US?

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QUESTION 1

1. Which of the following is not a characteristic of a competent witness?

   		Demonstrates an ability to function
   		Has the ability to narrate his or her observations
   		Understands his or her duty to tell the truth
   		Can keep the jury on the edge of their seats

6 points

QUESTION 2

1. For a conviction in a criminal court, the government must prove:

   		that a crime occurred.
   		that the defendant committed or was a party to the crime.
   		proof of corpus delicti.
   		that there is proof beyond a reasonable expectation of due process.

6 points

QUESTION 3

1. All of the following are evidentiary in a court of law except:

   		a witness statement.
   		an attorney’s opening statement.
   		items obtained during a search warrant.
   		conversations had during a wiretap.

6 points

QUESTION 4

1. The police noticed a domestic violence situation occurring in a backyard while flying their police drone in a crime-ridden neighborhood. Within minutes, they also received calls from the neighbors who stated they saw the husband come outside and retrieve a gun from the trunk of his car and yell out “get ready to meet death.” This residence is a known drug house and is heavily fortified. Under what situation can the police enter this house without a warrant?

   		Exigency and emergency situation
   		Buy-and-bust operation
   		The Patriot Act of 2001
   		Eighth Amendment

6 points

QUESTION 5

1. Which privilege is perhaps the oldest of all of the privileges?

   		Husband – Wife
   		Physician – Patient
   		Attorney – Client
   		Clergy – Penitent

6 points

QUESTION 6

1. Which amendment in the Bill of Rights is directly related to the Miranda warning?

   		Amendment 5
   		Amendment 2
   		Amendment 4
   		Amendment 3

6 points

QUESTION 7

1. As an attorney, which evidence is not the best evidence to have in a court of law?

   		Expert witness testimony
   		DNA evidence
   		Tire impressions
   		Eyewitness statement

6 points

QUESTION 8

1. All of the following are legal parameters of a photographic array except:

   		there must be group of eight photos, which would include one of the suspects.
   		suggestions from officers cannot be made.
   		photos must be in color.
   		the witness should view photographs independently and out of the presence of other witnesses.

6 points

QUESTION 9

1. The inevitable discovery rule is defined as:

   		an exception to the exclusionary rule where legally discovered evidence was inadmissible based on the fruits of the poisonous tree doctrine.
   		an exception to the exclusionary rule where illegally discovered evidence would certainly have been discovered legally.
   		an expectation that the exclusionary rule is legally covered when police do not give the Miranda warning to suspects who are innocent until proven guilty.
   		an exception to the Terry stop or the stop-and-frisk rule where illegally discovered evidence would certainly have been discovered legally.

6 points

QUESTION 10

1. Which one of the following situations would have evidence excluded under the exclusionary rule?

   		The police, who are serving a warrant, find cocaine on the nightstand in the room where the subject was apprehended.
   		A suspect was picked up for questioning, and he or she asked for a lawyer; the police stated that he or she was not under arrest and continued to ask questions. After 5 hours of questioning, the subject confessed to a burglary and armed robbery.
   		A state trooper pulls over a vehicle and is given consent to search the trunk area. The trooper finds a kilo of heroin and an assault rifle with the serial number scratched off.
   		The police, who are serving a warrant, find a bottle of alcohol on the nightstand in the room where the subject was apprehended.

When can writings or documents be used as evidence in court? Your response must be at least 75 words in length.

2. What types of evidence can be brought into court? Your response must be at least 75 words in length

3. What are two examples of evidence that can be used in court as long as the evidence followed the proper chain of custody? Your response must be at least 75 words in length.

4. What is meant by exclusionary evidence? Your response must be at least 75 words in length.

Discuss the major differences between a legal “investigatory stop” under the Fourth Amendment and Terry v. Ohio, and a lawful arrest. Be sure to include a full discussion of the different standards involved and the factual showings that must be established by the police to sustain the seizure.  Give an example of a scenario that would justify one over another. Be sure to back up your response with cases cited in the readings or other scholarly sources.

I’m trying to learn for my International Law class and I’m stuck. Can you help?

 attached below a contract signed under Switzerland law and The United Nations Convention on Contracts for the International Sale of Goods. assume that you are the seller’s lawyer, so they ask you these questions: 1- what are the seller’s obligations under the contracts 2- when these obligations would be finished. 3- what you would change in the contract to make it better in favoer to your cliant  4- explain what is The United Nations Convention on Contracts for the International Sale of Goods.

I’m studying and need help with a Policy question to help me learn.

Describe environmental laws and policies which are put to help protect the environment.

I’m working on a public service project and need a sample draft to help me learn.

write a short paragraph summarizing key thoughts or facts in those readings. You should also indicate what these readings added to your knowledge or understanding from the corresponding lecture or film from that week, making certain to be specific about what aspect of the films or lectures was affected. Maximum of 200 words!!!!

PLEASE PLEASE Need to write about each article separately in one paper !!Maximum of 200 words ! More explanation of what you learned from the articles + powerpoint slides!!! !Choose 2 out of these articles to write about! THANK YOU!

PLEASE TRY TO MAKE SURE HOW THE ARTICLES RELATE TO THE POWERPOINT SLIDES. (please put the titles of the articles in when you talk about it)

Articles :

https://www.cacities.org/Resources-Documents/Membe…

https://www.forbes.com/sites/scottbeyer/2019/02/13…

https://www.huduser.gov/portal/publications/Redeve…

https://www.sandiego.gov/sites/default/files/legac…

PART 1- discussion post 300 words about:

Since its beginning, the evolving concept of intellectual property, especially that of copyright, has been driven by technological advances. Discuss some examples of copyright law being driven by technology.   How do you see that continuing? with TWO REFERENCES 

PART 2 – write 3 replies to student’s on their discussion posts 75-100 words

This is the first student’s discussion:

Introduction

Modern world invention and innovation, commonly known as the civilization that has existed since 600BCE that is experienced in the current world have been greatly enhanced by the concept of intellectual property. The concept of intellectual property goes hand in hand with technology. Intellectual copyrights works and concepts involve several techniques. Such techniques include artistic, musical, dramatic, film production techniques, and literary works involving poems and articles. The concept of intellectual property involves mind creations and creativity. Furthermore, intellectual property tends to protect and give support to the talented, and the situation has led to its success since the 15th century. It provides support through various laws that are being driven by technology.

One law of intellectual property that has contributed to its success is the Copyright’s Designs and the Patent act of 1988. This law protects the original owner’s interest in an article of creative works such that the original owner has the right to share or not to share their artistic works with third parties and takes complete control. Therefore, original owners of the work are not to be subjected to forceful agreement by any other company (Moorkens & Lewis, 2019). Copyright gives the owner the right of being attributed as the owner of the article during publication, the right to ensure the work is not attributed falsely, and the right to privacy of their films. It also provides moral rights of the owner upon publication of the work.

Furthermore, based on this Copyright’s law and CPDA of 1988, the unpublished work of a dead person shall remain unpublished and under protection until 2039. It is when the decision will be made whether to publish the work or not. Copyright also provides the performer’s right to be consulted before the work is published (Ginsburg, 2018). However, exceptions are made by Copyright that entirely rely on fair dealings, such as non-commercial research and private study, which gives people the authority to copy the work for personal study before it is published.

Conclusion

Copyright’s concept of Intellectual property has brought significant advantages to the owners of artistic works. It protects artistic owners and gives them the right to control their works and their distribution. Also, Copyright gives value and honor to the author by attribute.

References

Ginsburg, J. C. (2018). People, not machines: authorship and what it means in the Berne Convention.

Moorkens, J., & Lewis, D. (2019). Copyright and the Reuse of Translation as Data.

This is the second student’s discussion:

The current intellectual property system is fit for many purposes, but there are areas in which it needs to adapt. For example, artificial intelligence and the life sciences are two major areas of technological and scientific development that will raise important challenges for copyright law. Many of the issues we face are multi-dimensional in nature, and together they pose a huge governance challenge. Also, as big data gains traction and we move toward the Internet of Things, huge amounts of data are being generated. Much of it falls outside the traditional categories of copyright law. We also see that major online platforms like Facebook and YouTube are creating vast quantities of valuable data from users’ activities. There are, however, many complex questions coming to the fore about the ownership of those data. (Gurry)

In the foreseeable future, it seems to us that the emergence of new technologies will continue to have a radical impact on the existing intellectual property landscape and test the premises and practices of the intellectual property system. Even though we do not understand the full scale and dimensions of this impact, we can expect major challenges for intellectual property administration, policy and governance. We can also foresee significant development challenges arising from the huge differences in technological capacity that exist across the world; we simply just need to try to understand how emerging technologies will impact the existing intellectual property system and its future evolution. (Gurry)

Different countries vary in the extent to which they protect intellectual property and enforce intellectual property regulations. China and Thailand are the two major centers of counterfeiting and for their lack of respect for intellectual property. Indonesia is also another hotbed of IP infringement. It does not have much of the necessary infringement protection machinery in place. The Basic Law of Hong Kong separates the IP systems of China and HK. There is an absence of mutual IP protection between the two regions and intellectual property rights registered in HK will not necessarily receive protection on the mainland. (Reid)

Works Cited:

Gurry, Francis. “Francis Gurry on the future of intellectual property: opportunities and challenges.” World Intellectual Property Organization. 2017. https://www.wipo.int/wipo_magazine/en/2017/05/arti…

Reidd, David Mchardy. “Intellectual Property Rights: A Comparative perspective on Asia, the EU and North America.” SCIELO. 2012. http://www.scielo.org.mx/scielo.php?script=sci_art…

this is the 3rd student you have to reply on them:

Copyright is an old term, aiming at protecting the author/creator’s right on their own intellectual products. However, at the aicient times, copyright is easy to protect. For instance, the author of a book, can sign up the contract with a publisher, making this publisher the only legal source of the book. If other publisher tried to sell that book, then it might be sued. In that case, no publisher would like to make illegal copies because it’s too easy to be spotted and the cost would be high. Nowadays, another type of copyright has been brought to the public sight and it turned out to be hard to control. It’s the software copyright.

Software companies which make software products, like development tools, offline games, and such sorts, they face severe pirate issues. At first, they sell their product by DVD or on their official websites, with little protection in the software itself, they soon found that illegal copies are everywhere. Then they might inroduce some technique like CD-Keys and registration, the idea is the software will check the users’ license everytime the user logs in. But, this technique could be easily bypassed. For instance, if I want to use the Navicat Premium or Adobe Premiere for free, notice that those softwares would definately charge the users for their services, I can just go to baidu (or google) and type in “How to CRACK the XXX”, and there is answer. The cracked software, cracking procedure, are just there for user to take. In addition, I have never heard of any company sue those crackers, they never know which genius cracked their software, whoever they can get is merely a distributor. So we can see, protecting copyrights in cyberspace is difficult.

There are also many articles talking about how to solve this problem, by both technical solutions and law implementations[1]. Come to think of it, the companies could still manage to do something more to protect their properities from illegal crackings, like they can force the platform to ban the content of such copyright violation, the law would make sure the platform and even user obey. But they didn’t do that. Why? Despite the effort of negotiating with so many online websites, I think another reason is the software company is allowing such pirate to exist. Although it could bring lost to the companies, but having those users crack their services is better than losting all of them. Those users could still be used to collect more feedback, getting the product more famous than the competitor and so on, there are still greater benifits for companies to allow pirating to happen. And there will be users who experience the “free version” at first and they are then happy with paying for the service. As conclusion, the software companies are just doing a trade-off between their copyrights and popularity.

References:

[1].Yan Li,Lengxuan Zhang.Research on the Legal Responsibility of End User Using Cracked Software[J].Journal of Harbin Vocational & Technical College, 2020(02):93-96.

I’m working on a Law question and need guidance to help me study.

Question 1 

Explain the difference between mediation and arbitration.  

Question 2 

Explain the difference between negligence and strict liability. 

I’m trying to learn for my Law class and I’m stuck. Can you help?

Read the attached case. Provide a summary analysis of what you learned and how you would apply it in a management situation. Be sure to analyze how this could apply to a business owner starting a new restuarant that has worked at a previous restaurant with a similar menu.

Case:

MICHAEL CHOW, a.k.a. Mr. Chow, MR. CHOW ENTERPRISES, LTD, a California limited partnership, MC MIAMI ENTERPRISES, LLC, a Florida limited liability company, et al., Plaintiffs –Counter Defendants –Appellants, v. CHAK YAM CHAU, PHILIPPE MIAMI, LLC, a Florida limited liability company, PHILIPPE WEST COAST LLC, et al., Defendants –Counter Claimants –Appellees.PER CURIAM[DO NOT PUBLISH] D.C. Docket No. 1:09–cv–21893–WMH Appeal from the United States District Court for the Southern District of FloridaBefore MARCUS and JILL PRYOR, Circuit Judges, and RESTANI,Judge. PER CURIAM:Honorable Jane A. Restani, Judge for the United States Court of International Trade, sitting by designation.This appeal arises from a dispute over Chinese food.Michael Chow (“Chow”) is a chef who has opened a number of Chinese restaurants, all called “Mr Chow”(“Mr Chow”), in Beverly Hills, New York City, and Miami Beach.Chow v. Chak Yam Chau,555 F. App’x 842, 843–44(11th Cir. 2014). The restaurants have distinctive menus and decors, and feature as entertainment a display of noodle–making by the staff.Id.at 844. A twenty–five–year employee of the New York Mr Chow, Philippe Chow Chau (born Chak Yam Chau), left his employment and, in December of 2005, collaborated with restaurateur Stratis Morfogen (“Morfogen”) to open a Chinese restaurant called “Philippe by Philippe Chow” (“Philippe”) a few blocks away from one of the New York Mr Chow restaurants.Id.New restaurantsin Miami Beach and Beverly Hills, all with the same name, were subsequently opened.Id.The menus, decors, and entertainment at the Philippe restaurants are quite similar to those found at the Mr Chow restaurants.Id.This is our Court’s second encounterwith this litigation. In our previous, unpublished opinion, we addressed various post–trial motions not pertinent to this appeal.SeeChow v. Chak Yam Chau,555 F. App’x 842(11th Cir. 2014).There is no period following the “Mr” in “Mr Chow.”In 2009, Chow and corporations associated with Mr Chow filed suit in the United States District Court for the Southern District of Florida against Chau, Morfogen, and other individuals and corporations associated with Philippe.Id.The plaintiffs alleged trademark, trade name, and trade dress infringement; false advertising; misappropriation of trade secrets; and unfair competition under federal, state, and common law.Id.Some defendants counterclaimed for defamation and sought to deregister Chow’s trademark in “Mr Chow.”Id.Prior to trial, the district court granted summary judgment to all defendants on Chow’s unfair competition claims underCalifornia Business and Professions Code §§ 17200–17210and the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”),Fla. Stat. §§ 501.201–213.Id.at 844. After trying the case on the remaining claims, but before submitting it to the jury, the district court also granted judgment as a matter of law to the defendants on Chow’s trade secrets misappropriation claim, which was barred by the statute of limitations.Id.at 844–45.

The jury returned a verdict for corporate plaintiff TC Ventures, Inc., which operated the New York Mr Chow, against corporate defendant Davé 60 NYC, Inc. (“Davé 60 NYC”), which operated the New York Philippe, on the false advertising and unfair competition by deceptive conduct claims.Id.at 845. It also returned a verdict on those claims in favor of Chow, individually, against Morfogen.Id.Theplaintiffs prevailed on none of their remaining claims for trademark infringement, unfair competition, or conversion. The defendants received verdicts in their favor on the plaintiffs’ remaining FDUTPA claim of unfair or deceptive practices. None of the defendants’ counterclaims against the plaintiffs succeeded.Following the entry of judgment, the prevailing defendants (which were all of the defendants other than Davé 60 NYC and Morfogen)moved for attorney’s fees under FDUTPA, as well as under New York and federal law. In its order granting attorney’s fees and costs under FDUTPA, the district court noted the following “relevant facts”:In a previous motion, prior to the first appeal to this Court, all of the defendants had moved for fees and costs. The district court denied the motion as premature, due to the anticipated appeal. Morfogen and Davé 60 NYC then filed separate motions for fees, which were both denied by the district court.* Plaintiff TC Ventures, Inc., obtained a jury verdict in the amount of $520,451 against Defendant Davé 60 NYC, Inc., as to claims of false advertising under the Lanham Act and common law claims of unfair competition.* Plaintiff Michael Chow was determined to be entitled to $500,000 from Defendant Stratis Morfogen as to claims of false advertising under the Lanham Act and common law claims of unfair competition.* No other Plaintiffs were successful in their claims against any Defendants.* Defendants Philippe Chow, David Lee, Manny Hailey, Costin Dumitrescu, Philippe Miami LLC, and Philippe West Coast LLC were not found liable as to any Plaintiffs’ claims.* Defendants who filed counterclaims were not successful.The district court noted that, under FDUTPA, “the prevailing party, after the exhaustion of all appeals, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.” The plaintiffs had brought FDUTPA claims against every defendant, and all of the defendants had prevailed on those claims. The district court further noted that “Plaintiffs did not prevail on the majority of their claims and did not prevail at all as to the majority of the Defendants. Indeed, Plaintiffs only prevailed on a narrow issue: false advertising and a commonlaw theory of unfair competition, and only as to Defendants Davé 60 NYC, Inc., and Stratis Morfogen.”Based on its view that “the major thrust of the evidence presented by Plaintiffs was as to the allegedly stolen trade secrets and the alleged infringement as to the Plaintiffs’ name and style of cooking –which is at the heart of the FDUTPA claim,” the district court concluded that the prevailing defendants were entitled to attorney’s fees under the statute. Because it determined that the “evidence presented at trial as to false advertising [the claim on which plaintiffs prevailed] was less than one–fourth, at most, of the evidence presented, and as to the overall

litigation the question of false advertising was of much less focus than the claimed trade secret theft and alleged infringement,” the district court “determined that the most appropriate approach . . . is to simply reduce theDefendants’ billed hours by one–fourth.” On that basis, the district court calculated that the appropriate fees award was $1,160,290.69, which represented three–quarters of Defendants’ total attorney’s fees of $1,547,054.25. It further awarded coststotaling $182,992.12 to the prevailing defendants, which was the entire amount the prevailing defendants requested.In addition to the award of taxable costs, FDUTPA allows for the award of non–taxable costs, i.e. those costs that are not taxable under federal law at28 U.S.C. § 1920.SeeFla. Stat. § 501.2105(1)–(4).Plaintiffs had also moved for costs against Defendants. The district court decided that approximately 20%, or $8,000, was the appropriate amount of costs to be assessed in favor of Plaintiffs TC Ventures, Inc. and Michael Chow for their successful claims against Defendants Davé 60 NYC and Morfogen. As for Plaintiffs’ costs in defending against Defendants’ counterclaims, the district court decided that most of the costs incurred were unnecessary, and decided that only 10% ($8,150) of the requested award was appropriate.Plaintiffs contest the district court’s decision to award Defendants any attorney’s fees and costs, contending that Defendants do not qualify under FDUTPA as the “prevailing party” in this litigation. Alternatively, even if Defendants were the prevailing party, Plaintiffs argue that the district court failed to consider the relevant equitable factors in exercising its discretion to awardattorney’s fees. Finally, Plaintiffs challenge the district court’s calculation of the attorney’s fees and costs.After careful review, we conclude that the districtcourt correctly decided that Defendants were entitled to attorney’s fees and costs.