Legal Writing

Constructive manslaughter is a constructive ablility offence. Upon what, though. Is D'silability for this offence constructed? The fact that Dkilled with an intention to cause serious injury, but with no awareness as to caning serious injury The fact that Dkilled with an intention to cause serious injury in the awareness that there was a serious risk of causing death. The fact that Dilled with the intention to cause injury, or fear, or risk of injury. In the awareness that there was a serious risk of catoling death. The fact that caused death through a criminal act intended to cause injury, or in the awareness of a serious risk that injury may be caused. The fact that caused death through a criminal act which was dangerous. 100000 Previous N

Communications and Information Technology Essay (10%)Students must submit a structured essay which demonstrates and critiques current issues in communications and information technology and the role played by current legislation and regulation.Critique current issues in communications and information technology, to include digital and mobile technology, the internet, and the policies and principles relevant to a vocational area Assessment Criteria Communications and Information Technology Essay• Identify and critique developments in ICT over the last 10 years.This requires an outline of the advantages and disadvantages of each development identified (5 marks)• Briefly identify what legislation and codes of practice can help protect and assist employers and employees regarding the following issues: online work place bullying, harassment,managing GDPR, Freedom of Information requests, protecting copyright and intellectual property. (1 mark per subject) (5 marksin total)(Total 10 marks 10%) Critique current issues in communications and information technology, to include digital and mobile technology, the internet, and the policies and principles relevant to avocational area• Evaluate in practical terms the elements of legislation that must be observed in a personal and or work context, to include health, safety and welfare at work and communications-related legislation, and the responsibilities that apply when working in a supervisory capacity • The documents should include the criteria outlined in the instructions section and the marks section above• Please put your name, assignment number, module code and title,date and word count on the front page of the collection of documents• This essay should be no more than 1500 words• Font size 12

1. Yuna, suffered a personal injury while operating her tractor at home in California. She filed a negligence suit in federal court against the manufacturer, Jack Doe Tractor, Inc. Jack Doe Tractor is incorporated in Delaware with its principal place of business in Illinois. Yuna also sued the seller, Cali Equipment Inc, which is incorporated in California with its principal place of business in California. Yuna and Cali Equipment informally agreed to settle out of court, but the agreement was subject to approval by Cali Equipment's insurer. Before a final agreement was reached regarding settlement with Cali Equipment, Jack Doe filed a motion in federal court for dismissal for lack of subject matter jurisdiction. 1a. Should the court grant the motion for dismissal? (25 points) 1b. If Cali settles with Yuna, and Yuna dismisses the case against Cali before the court decides on the motion. Should the court grant the motion? (10 points)

Circuits are split on whether FIFRA's express federal pre-emption bars state common law claims against a manufacture for injuries caused by a pesticide. What is the rule in the 4th Circuit (which includes North Carolina)? a. That FIFRA bars all state common law label claims as pre-exempted by FIFRA O b. That FIFRA allows state common law claims but only when the manufacturer fails to disclose relevant safety data to the EPA when registering a pesticide O c. That FIFRA does not pre-empt state common law claims against a manufacturer for crop damage due to mislabling state law requires label compliance with FIFRA

. In his spare time Mark wrote a book about his story of success entitled 'Rags 2 Riches. Does Mark have to register his book to gain protection under the Copyright, Designs and Patents Act 1988? b) Mark decides to register the name 'Mygreen' as a trademark on behalf of the company, apply for a patent for the company's manufacturing process, and receives copyright protection for his book. How long does the law protect against the infringement of the trademark, patent, andcopyright?

If labor is properly classified as agricultural labor under the FLSA primary and secondary "3(f)" definition, which farm business may claim exemption for all employees performing agricultural labor from FLSA minimum wage and overtime requirement and child labor restrictions? a. if the farm employed less than "500 man days" in a quarter within the previous 12 months O b. if a farm employed an immediate family member then all employees are exempt O c. if a farm employed at least "500 man days" within the past year

The Johnson case concerns what type of case? a. dispute over leased farmland O b. a boundary dispute between two real property owners O c. Appeal of an organic decertification O d. Trespass

2 Following R v. Dowds [2012] EWCA Crim 281, what counts as a 'recognised medical condition' (RMC) under diminished responsibility? Anything counts as an RMC provided one medical expert gives evidence as to this in a diminished responsibility case. 23 O Anything that is contained in the World Health Organization's International Classification of Diseases (ICD-11) or the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. but not the American Psychiatric Association's Diagnostic O Anything that is contained in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, but not the World Health Organization's international Classification of Diseases (ICD-11). Anything that is contained in the World Health Organization's International Classification of Disease and Statistical Manual of Mental Disorders. Presence on the World Health Organization's International Classification of Diseases (ICD-11) or the American Psychiatric Association's Diagnostic & Statisti Manual of Mental Disorder is a necessary, but not always sufficient, requirement to raise the issue of diminished responsibility-although if a condition is not yet contained in either of these two glossaries it may still count as an RMC In a diminished responsibility case if a body of medical opinion gives evidence in urt that it should be an RMC Previous Next

MA gnment/87711 H 5 Which statement accurately describes the current legal test for recklessness? The test is a hybrid subjective/objective test. It asks whether D foresaw a risk of the forbidden circumstance/result, went on to take that risk and that risk was an objectively unreasonable risk to take. The test is a purely subjective test. It asks whether D foresaw the risk, went on to take that risk, and whether O honestly considered the risk an appropriate one to take. The test asks whether D foresaw a highly probable risk of the forbidden result/circumstance and nonetheless went onto take it. 000 0 2 The test is purely objective. It asks whether the risk would have been obvious to the reasonable person and whether either D gave no thought to the risk or recognised the possibility of the risk but nonetheless went on to take it. The test is a hybrid subjective/objective test. It asks whether the reasonable person would have foreseen the risk and whether D decided, nonetheless, take it Previous Next 1

In this case, what government agency wasdirectly responsible for reviewing Defendant's use of pesticides? a. United States Environmental Protection Agency O b. Minnesota Department of Agriculture O c. United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) O d. University of Minnesota Cooperative Extension