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19 Nov
2020

What is Calavita’s argument in Chapter 3? According to Calavita, how can law become…

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What is Calavita’s argument in Chapter 3? According to Calavita, how can law become a form of resistance? How does Calavita use Gramsci’s framework of hegemony to define law? In this chapter, Calavita goes more in-depth about the relationship between law and society. What did you learn about the relationship between law and society in this chapter? Describe the three paradigms of understanding law (Before the Law, With the Law, and Against the Law from the Ewick and Silbey excerpt.
Sammy agreed to sell and Larry agreed to buy Sammy’s car for $400, payable upon delivery. Sammy delivered and left
Sammy agreed to sell and Larry agreed to buy Sammy’s car for $400, payable upon delivery. Sammy delivered and left the car with Larry. However, Larry failed to pay Sammy the $400.After eight years had passed following the delivery and acceptance of the car by Larry, Sammysued Larry in state court for failure to pay him the $400. Based only on the above stated facts,which of the following statement is most accurate? Assume the UCC applies and the statute oflimitations for oral contracts is two years and for written contracts is four years.a. No contract was ever created between Sammy and Larry.b. A contract was created but likely not enforceable because the statute of limitations hasexpired.c. A contract was created, but it is only enforceable if it is in writing.d. A contract was created and is enforceable.
Assignment 12Statute : Section 30-1-6, Nuncupative WillsA nuncupative will may be made only by a person in imminent peril of
Assignment 12Statute : Section 30-1-6, Nuncupative WillsA nuncupative will may be made only by a person in imminent peril of death and shall be valid only if the testator died as a result of the impending peril, and must be:Declared to be his last will by the testator before two disinterested witnesses;Reduced to writing by or under the direction of one of the witnesses within 30 days after such declaration; andSubmitted for probate within six months after the death of the testator.The nuncupative will may dispose of personal property only and to an aggregate value not exceeding $1,000.A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.Note: A nuncupative is an oral will, a will that is not written.QuestionsTo what type of will does this statute apply?What requirements must be met for a nuncupative will to be valid; that is, what are the elements?Mr. Lang, on his deathbed, writes his will on a piece of notepaper, signs it, and delivers it to his sister for safekeeping. Does the statute govern the validity of this will?Larry, on his deathbed, declares that it is his will and that all his property should go to his girlfriend, Beth. Three witnesses are present: Beth, Larry’s sister Mary, and the next-door neighbor, Tom. Tom is in an adjoining room. The door to the adjoining room is open. Tom hears what Larry is saying. Assume for the purposes of this example that the will is reduced to writing within 30 days and is submitted for probate within six months.Is this a valid will under this statute? What additional information may be necessary?Assume this is a valid will, and also that Larry had a previous valid written will. What impact does the nuncupative will have on the written will? What is disposed of by the nuncupative will?
Arturo and Alyssa Abernacky come to your office in Trenton, New Jersey, for estate planning. The facts relevant to their
Arturo and Alyssa Abernacky come to your office in Trenton, New Jersey, for estate planning. The facts relevant to their family are as follows:- Arturo is 67 years old and Alyssa is 66.- The couple have two children: Brenda and Bob. Both children are in their 30s and have spouses and children of their own.- Bobby’s second child, Kayla, is 7 years old and suffers from severe mental disorders that prevent her from interacting appropriately with children her age. She is currently attending a private school for disabled children and is being treated for her disorders. It is hoped that she will recover and be able to live a normal adult life, but there is no guarantee of this. Government assistance, including the Medicaid Waiver Program, greatly helps pay for Kayla’s care. Whatever happens, they want to make sure that Kayla does not lose her eligibility for government assistance at any time in the future.- Arturo and Alyssa trust both Brenda and Bob. They want them to serve as trustees of any trust that you will draft for them. However, they also think that a third person should also be a trustee to make sure that there is a third person to mediate any potential dispute between the children. Both clients think that Alyssa’s brother, Aaron Abernacky, would be suited to this task. Since Aaron is 68 years old and so may not be able to assist forever, they also want Arturo’s niece, Shana Lane, as the backup co-trustee.- The primary purpose of their visit is to ensure that they become eligible for Medicaid assistance as soon as possible. The clients realize that, while they are now comparatively young, they may reach a time that they will need long term care Medicaid assistance and they do not want their assets to be depleted paying for such care. They want their assets preserved for their children and grandchildren.Arturo and Alyssa own the following assets:- A single family residence in Camden, New Jersey. They purchased the residence in 1983 for $165,000. It now has an estimated fair market value of $700,000. They have no immediate plans to sell the house, but in the long term they are considering selling and moving to a warmer climate.- Brokerage accounts that include a portfolio of stocks, bonds, and cash worth approximately $400,000.- Individual retirement accounts (one owned by each spouse), each worth about $125,000.- A small checking account that they use for day-to-day expenses.Of these, they want to transfer the first two to the trust. They do not want to withdraw (and thus be taxed on) their retirement account assets and so they cannot be placed into the trust.Although the primary purpose of the trust should be for Medicaid planning purposes, it is also worthwhile to draft the trust in a manner that limits or eliminates the imposition of the New Jersey state estate tax (which is assessed on taxable estates above $675,000). You should also take into account capital gains tax implications in the event that the house and/or stocks are sold during the clients’ lifetimes or after their deaths.Please draft a trust for the Abernacky couple. Please try to keep all relevant Medicaid and benefits eligibility requirements in mind, along with all relevant tax consequences of the trust. You may use one of the trust templates in the appendix of Trust Drafting for Paralegals, but you must alter it to fit the facts and strategies relevant to our case. You may omit boilerplate provisions that have no direct impact on the issues discussed above from your draft.What is needed in this trust?
Would a corporate re-organization save on workers’ compensation costs? Would it makes sense to combine a Company with one or
Would a corporate re-organization save on workers’ compensation costs? Would it makes sense to combine a Company with one or more of the Subsidiaries, and/or to combine two or more of the Subsidiaries. Would it makes sense to organize the various tasks performed by employees along contractor-subcontractor relationships, independent contractor relationships, or other type of relationship?
Hi, I really need help understanding these clauses and whether there is anything wrong with them. These clauses are included
Law Assignment Writing ServiceHi, I really need help understanding these clauses and whether there is anything wrong with them. These clauses are included in the Hire Purchase agreement Tcs. In the scenario, my client wishes to buy the assets of a company and those assets include this contract between the company’s supplier. My client wants to know if there anything wrong with these clauses and whether it would them at a disadvantage to accept this contract. Clause1: Agreement and Option to Purchase1.1 This Agreement is made on the Contract Date between the Owner and the Customer.1.2 Title to the Equipment shall remain with the Owner unless and until the Customer exercises their option to purchase the Equipment.1.3 If the Customer shall at the end of this Agreement have paid the Owner all sums due under this Agreement it may exercise the option to purchase the Equipment by paying to the Owner the Option to Purchase Fee.1.4 If after paying all sums due under this Agreement the Customer does not wish to purchase the Equipment the Customer shall make available possession of the Equipment to the Owner no later than the due date of the final instalment due under this Agreement.Clause 2: Delivery of Equipment and Instalments2.1 The Customer will pay the Deposit, the Initial Payment and the Administration Fee when it signs the Agreement by cash or in such other manner as the Owner shall agree.2.2 The Customer will pay the Remaining Instalments as set out in the Payment Schedule by direct debit to such account as is specified by the Owner.2.3 The Customer has chosen the Equipment using its own skill and judgement and will inspect the Equipment on Delivery. If the Equipment is not satisfactory the Customer will notify the Owner in writing within 24 hours of Delivery. If no such notification is received by the Owner the Customer will be deemed to have accepted the Equipment.Clause 3: Use and Maintenance of Equipment3.1 The Customer is responsible for any loss or damage to the Equipment whether or not the Customer is at fault. The Customer will keep the Equipment in good condition, fair wear and tear excepted. The Customer will use the Equipment with all due care and only for the purpose for which it was manufactured.3.2 The Customer will keep the Equipment in its possession and under its control and will not sell, transfer, mortgage, lend, give or allow any possession to be taken of the Equipment. The Customer will not move the Equipment from the Site.3.3 The Customer will allow the Owner or its duly appointed agent at any time to enter its premises to inspect the Equipment and to repossess the Equipment if this Agreement is terminated pursuant to Clause 5. Clause 4: Risk and Insurance4.1 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on Delivery.4.2 The Customer must at all times throughout the Agreement keep the Equipment comprehensively insured against all risks and for its full replacement value and keep the Owner’s interest in the Equipment noted on the policy and notify the Owner of the name and details of its insurance company.4.3 If the Equipment is stolen or becomes a total loss, the Customer shall instruct the insurers to pay to the Owner all insurance money then due, and the amounts which would become payable on termination set out in Clause 6 will become immediately due and payable by the Customer to the Owner. The Customer will arrange for prompt payment of the insurance money to the Owner. Any help would be greatly appreciated !
Jacob has been commissioned by Stellaforic Ltd to landscape their rooftop garden, complete with a fountain water feature for a
Jacob has been commissioned by Stellaforic Ltd to landscape their rooftop garden, complete with a fountain water feature for a total contract price of £16,000. The weather has beenparticularly bad. Jacob’s work van has frequent breakdowns, delaying him in transportingmaterials and himself to and from the site. Stellaforic Ltd are aware of this and also knowthat until Jacob is paid for this job he will not be able to replace the van. As a result Jacobhas fallen behind schedule with the work. Stellaforic Ltd intends to hold their businesslaunch party in the newly landscaped garden and promise Jacob an extra £4,000 if hecompletes the work by the originally agreed date. Jacob completes the work on time byworking very long hours and not accepting any new work.Stellaforic Ltd say they are only willing to pay Jacob the £16,000 originally contracted forand that they will only pay that in quarterly instalments. Jacob reluctantly agrees and takesthe first instalment of £4,000, as he needs to put down a deposit on a new work van thatevening. Jacob is now demanding the remaining balance of £16,000 in one lump sumimmediately. Stellaforic Ltd say they no longer have the budget to pay Jacob immediately asthey have stocked the water feature with 16 exotic carp which cost £1,000 each.Advise Stellaforic Ltd as to whether they are obliged to pay Jacob the extra £4,000 theypromised and whether they can insist Jacob takes payment of any monies owed to him bythe agreed instalments.
M-Scan Ltd lease mobile medical scanners to local GP practices, medical centres,employers, and hospitals. Contracts are negotiated with both private
M-Scan Ltd lease mobile medical scanners to local GP practices, medical centres,employers, and hospitals. Contracts are negotiated with both private and public providers and are for a five-yearperiod. Fees consist of an annual fee and a charge per booking. The standard form contractprovides that 10 per cent of the annual fee and 1 per cent of each booking will be donated tothe Albright Cancer Research Foundation.Delivery and collection of the equipment is made by Care 2 U Ltd. The standard formcontract between M-Scan Ltd and its customers contains an exclusion clause to the effectthat the carriers will not be liable for any damages done during transportation, delivery orreturn, where the user of the equipment has not undertaken the recommended systemscheck and presented the results of this in writing to both Care 2 U Ltd and M-Scan Ltd.M-Scan Ltd are finding the administration of the 1 per cent donation to the Albright CancerResearch Foundation overly burdensome and have given notice to existing customers thatfrom next month this donation will cease and the annual donation will drop from 10 percent to 5 per cent. In recognition of this change M-Scan Ltd has reduced their annual fee by5 per cent. The existing customer base is happy with the new arrangements but the AlbrightCancer Research Foundation say this change will have severe funding implications withthem as they have already allocated funds to projects based on this promised cash flow.One of M-Scan Ltd’s customers, Vulcanicity Ltd, failed to undertake a systems check beforethe scanner was collected. The driver from Care 2 U Ltd was new and being given a copy ofthe paperwork produced at the original delivery did not recognise the difference. Vulcanicityis claiming that the equipment was in working order when given to Care 2 U Ltd and that thedamage discovered must have happened in transit and as such is not their responsibility.Advise the Albright Cancer Reasearch Foundation whether 1.They can claim the promisedrevenue from M-Scan Ltd and 2.Care 2 U Ltd as to whether they can rely on the exclusionclause in the contract between Vulcanicity Ltd and M-Scan Ltd.
Hi I need help with my Civil Dispute Resolution homework. In the scenario, Person B is being sued for not
Hi I need help with my Civil Dispute Resolution homework. In the scenario, Person B is being sued for not paying the suppliers for doing a job. Person B was an employer of Person A and Person A needed some work to be done for the company, he was too busy and told Person B to deal with the process of getting a company and a quotation. Person A accepted what Person B brought and then told Person B to communicate with the suppliers and get the work done as quickly as possible. The quotation was sent to Person B’s address so when the work was done, the invoice was also sent to him mistakenly, as it should ahve gone to Person A. Since then, Person B is being sued for not paying and Person B has gone MIA.My questions are what cases, laws and facts can I use to defend Person B?Also, how strong is Person B’s evidence? All the dealings were done orally over the phone and the quotation went to B as well.And also, what steps can I take to locate Person A?Any help on this topic would help so much, I would very much appreciate it!
Alvin is a successful sole practitioner offering business consultancy services to a number of local companies. His chief competitor is
Alvin is a successful sole practitioner offering business consultancy services to a number of local companies. His chief competitor is Betty, who offers similar services. Betty and Alvin decide that they wish to work together, but are not sure as to which business structure would be most appropriate. They seek your advice regarding which business structure would be most suitable, bearing in mind: • they wish to avoid many formalities and regulations; • they expect to have flexibility in establishing the procedures by which the business is to be run; • they want to be able to run their private affairs at the same time; • they do not want to incur personal liabilities for the debts of the business; • the business can be set up in a relatively cheap and quick manner; • they do not want to put in large amounts of their own capital in setting up the business and will probably wish to raise capital from outside sources; • they wish to take on employees. Discuss to what extent the various business structures fulfil all, or some, of the above aims and advise Alvin and Betty which business structure would be most suitable for their business.
How would you cite the following?Section 416.675, subsections (1) and (3), of Michie’s Kentucky Revised Statutes Annotated, published by LexisNexis.
How would you cite the following?Section 416.675, subsections (1) and (3), of Michie’s Kentucky Revised Statutes Annotated, published by LexisNexis. These subsections appear in their entirety in the 2017 cumulative supplement.Section 4002, subsection (b), of the California Financial Code, part of West’s Annotated California Codes, published in 1999. The entire text of subsection (b) appears in the 2017 supplement.Section 39-2-11, subsections (a) through (d), of the Official Code of Georgia Annotated, published by LexisNexis. The date on the title of the bound volume is 2012. The entire text of this section appears in the main volume.Sections 10-9-18 and 10-9-21 of the New Mexico Statutes Annotated 1978. Part of this citation appears in the 2013 main volume, and part appears in the 2017 cumulative supplement.Section 43033.33, subsections (A) and (C), of Page’s Ohio Revised Code Annotated, published by LexisNexis. Both of these subsections appear in their entirety in the 2014 main volume.Sections 8-6-503(2) and 8-6-503(4) of the Arkansas Code of 1987 Annotated, published by LexisNexis. Part of this citation appears in the 2011 main volume, and part appears in the 2017 supplement.

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