Legal Brief - Free Essay Example

Sample details Pages: 5 Words: 1425 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Competition Essay Did you like this example? THE LEGAL BRIEF AND ANALYSIS OF THE CASE LAW FEHR vs ALGARDS Citation N.J.Super.A.D.,2011. Fehr v. Algard Not Reported in A.3d, 2011 WL 13670 (N.J.Super.A.D.) Only the Westlaw citation is currently available. Don’t waste time! Our writers will create an original "Legal Brief" essay for you Create order UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. Edward FEHR, Plaintiff-Respondent, v. George E. ALGARD, Jr., Cathy Algard, Sterling Harbor Motel Marina, Inc. t/a Sterling Harbor Bait Tackle, Sterling Harbor Duke of Fluke Tournament, Defendants-Appellants. Argued: Oct. 6, 2010. Decided: Jan. 5, 2011. Before Judges: AXELRAD and LIHOTZ. PER CURIAM. Brief Facts or Merits of the Case Cathy Algard and her spouse George Algard were the holders of Sterling Harbor Motel and Marina. Consistently they support a competition by the name Sterling Harbor Duke of Fluke Tournament. In this competition, there were diverse classifications and distinctive prizes for every classification. The two most celebrated prizes of the competition are: Single heaviest Fluke Prize: this prize is granted to the contender who gets the heaviest fluke live. Five Heaviest Fluke Prize: this prize is granted to the watercraft with four hopefuls who can get five fishes that when joined have the heaviest weight. Each member to the competition was given a competition handout in which a few controls alongside an enrollment structure are specified. The guidelines in the pamphlet were: Any watercraft approaching from another vessel, structure or area was denied from tht competition Entrance expenses and enrollment due date Tournament beginning time and angling ranges furthermore the time of last weigh- in A few tenets were just for the Five Heaviest Fluke Prize and the Single heaviest Fluke Prize: Catching fish on a bar or reel Four fishermen were permitted on a watercraft with one pole for every fisher All hopefuls on the watercraft needed to get a fish For the heaviest single fluke classification, fish got must be alive Same fish cant be submitted for the single heaviest fluke and five heaviest fluke classification. The last and most dominant rule was: All fishes will be analyzed inside and remotely by the judges and on the off chance that they discovered a fish bearing suspicious stamping it will be excluded promptly. Judges choice would be the last one. Alongside the enrollment structure there was an announcement which expressed that all the standards have been perused by the chief before marking the agreement and in the event that on wrong data commander alongside plaintiff will be disqualified. There were three judges in the competition of 2007, George Algard, Cathy Algard (owners) and Kenneth Greenling, which was held in wildwood. Offended partys vessel was registerd for the competition by Jack Aydelotte. Aydelotte offered fishes in two classifications. Firstly in the single heaviest fluke recompense he offered a wallow which weighed six pounds and four ounces and was acknowledged by. Second, he needed to enter in Dutchess recompense classification which was for female fisher so he entered the five heaviest fluke honor and submitted five fishes. At the point when judges analyzed the fishes they pronounced that two fishes were in such a terrible shape, to the point that they were completely inadmissible. They were smooth w hite, offensive, tan, depressed eyes, thus they excluded Aydelotte from the competition. Aydelotte contended that he got the fishes upon the arrival of competition yet was not able to give any clarification about the state of fishes. At the time of honors, the six pond flop by Aydelotte was the heaviest fish in the single heaviest fluke classification however being precluded that prize was given to another person. Along these lines, Aydelotte (offended party) documented a suit against the Algards for break in contract. Seeing the circumstances court ruled for Aydelotte and delegated him the Duke of Fluke 2007. Algards documented a bid and contended that this choice was not right and that Aydelotte conned in the competition by submitting a fish that was not gotten upon the arrival of competition in the five heaviest fluke classification. They additionally contend that all the standards of the competition in the pamphlet were clear and in justifiable dialect and it was composed obviously that false data will prompt exclusion. The Legal Issue to be resolved Did offended party take after the guidelines of the competition which as indicated by offended party he did. Offended party contended that he got the heaviest fluke in the single heaviest fluke classification and still he wasnt given the prize. Court concurs on this and says that there was lead on exclusion of fish and not the commander. The protectors Cathy and George contend that ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a reasonable tricking which prompts exclusion. They likewise contend that all agreement are bound by the great confidence and reasonable dealings understanding and after this Aydelotte was excluded from the competition. Decision or Ruling of the Court under Jurisdiction of the Case Choice of the court is focused around: Rule 12 in the pamphlet was about the terrible fish and warns contend that perusing the guidelines of the competition it was clear that accommodation of awful fish will p rompt exclusion. In this point ità ¢Ã¢â€š ¬Ã¢â€ž ¢s composed that there will be exclusion if fish and not of the individual. In any case it in the enrollment portion there was an announcement which said that falsehood will prompt preclusion. As indicated by shields lying about the fish is incorporated in giving wrong data along these lines they rightly excluded Aydelotte. The understanding of great confidence and reasonable dealings is available in all agreement along these lines it was in the agreement of competition. In all the agreement ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a prerequisite that all the gatherings are fair to one another. On the off chance that we see that activities of offended party, he lied about the awful fish and guaranteed that he got it that day which brings up that he was not legit with the judges. He ruptured the agreement and hence was precluded. Plaintiff additionally contended that in the competition pamphlets it was not specified that on account of conning, the re will be quick preclusion. This contention by offended party was not considered as he disregarded the most essential understanding of great confidence and reasonable dealings. Also, cheating in any occasion can prompt exclusion this was self caught on. Offended party additionally recommended to the court that considering the position of the protectors it is simple for them to change principles of competition. This contention was not considered by the court. The choice of the court was not in the support of offended party and it reasoned that the activities of offended party brings up that he was attempting to trick and trap the judges by showing them a terrible fish in a condition that was unexplainable furthermore providing for them false data and breaking the great confidence and reasonable dealings assertion. Considering all the actualities that we have scholarly, court guarantees that offended party shouldnt be granted the Duke of Fluke. Reason or Legal Bases of the Deci sion As indicated by the laws it says that when the tenets and regulations of a challenge or competition are made accessible for the general population, the supporters really make an offer to the candidates and subsequently they ought to peruse all the principles altogether before marking the agreement. As once the agreement is marked, all the competitors are bound by the agreement. In the case close by, all the guidelines and regulations were clear and above all they were in a justifiable dialect and in basic terms. So contention about tenets was not considered by the court. In any case there was stand out missing point which ought to have been in the agreement that there was nothing specified about the outcomes of tricking and what will happen to the competitor who deceived. Furthermore, in every agreement there is an assertion of great confidence and reasonable dealings present and all the gatherings to the agreement are bound by it. As indicated by court, great confiden ce is the point at which the standard of group is not disregarded which requires both gatherings to be dependable to the agreement by being fair. For this situation, the offended party disregarded the understanding of great confidence by giving judges the terrible fish and was not able to give any reason furthermore if the offended party is permitted to win the single heaviest fluke prize then it wont be reasonable to all different hopefuls who played as per the assertion of great confidence and reasonable dealings. So these were the lawful premise of the choice of judges.

Substance / Medication Induced Anxiety Disorder - 1389 Words

substance is more appropriate, Major Depressive Disorder is not diagnosed (American Psychiatric Association, 2013). Maria describes instances of panic attacks to which she is prescribed Xanax. Although she describes some anxiety is social events, more information is needed to provide an accurate diagnosis of any anxiety disorder. Also, a further exploration of the use of Xanax, Valium, Redux and alcohol is combination is necessary. Because it is unknown as to when the anxiety attacks started, an argument for Substance/Medication-induced Anxiety Disorder is unfitting. Still, it is argued that if her panic attacks started after the increase use of alcohol or Valium, a diagnosis for Substance/Medication-induced Anxiety Disorder may be†¦show more content†¦She also is a woman is corporate America which means she is a further minority in her work place which may place undue pressure on her and her expectations to excel. Women are often overlooked and mistreated in corporate Ameri ca, making her work place environment an additional challenge (Fernandez Campero, 2017). Cultural Implication Several cultural implications arise, as Maria is a young, Latina working in corporate America. In addition, the lack of cultural sensitivity may affect Maria in not only her work place, but in her understanding of mental health in the United States. Maria was prescribed Xanax for her panic attacks, but it has been well reported that often Latinas experience anxiety and panic attacks differently from the rest of the population. Ataqu de nervios, has shown to be related to the fear of negative emotions like anxiety and anger, which Maria may be experiencing after the death of her father of other psychological factors (Hinton, Lewis-Fernà ¡ndez, Pollack, 2009). In addition, Maria was ordered to receive services versus entering on her own behalf, which is not uncommon among Latino/as because they are more likely to seek aid from other sources (Comas-Diaz, 2006). Also, depending of Maria’s ability to pass for white, her assimilation level and ability to code switch fromShow MoreRelatedSymptoms And Symptoms Of Schizoaffective Disorder1230 Words   |  5 PagesSchizoaffective disorder (abbreviated as SZA or SAD) is a mental disorder characterized by abnormal thought processes and deregulated emotions. The diagnosis is made when the patient has features of both schizophrenia and a mood disorder, either bipolar disorder or depression, but does not strictly meet diagnostic criteria for either alone. The bipolar type is distinguished by symptoms of mania, hypomania, or mixed episode; the depressive type by symptoms of depression only. 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Assessing strategies to combat neighbourhood disputes (Anti-social behaviour) Free Essays

Assessing strategies to combat neighbourhood disputes (Anti-social behaviour) in deprived council estate areas: A case study on the Isle of Dogs, in the London Borough of Tower Hamlets. Project Issue: The Crime and Disorder Act, 1998, defines anti-social behaviour as behaving: â€Å"In a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as (the defendant).† (Home Office (a) 2003) As this definition covers a wide range of crimes from prostitution, to having excessively high hedges1, I have decided to specifically focus on neighbour disputes such as noise pollution, violent occurrences, and inconsiderate rubbish dumping and similar neighbour to neighbour disputes. We will write a custom essay sample on Assessing strategies to combat neighbourhood disputes (Anti-social behaviour) or any similar topic only for you Order Now The central issue of the dissertation will be firstly, the evaluation of how well four researched strategies used to combat anti-social behaviour, all used in four case studies, actually combat and prevent anti-social neighbour disputes. Secondly, how well those strategies would be placed to deal with neighbour disputes in the Isle of Dogs. Each strategy that has been researched has a relevant case study that illustrates precisely how that strategy works when deployed in practice. Each strategy will be assessed in light of the relevant case study. Case studies have been used concerning anti-social neighbour disputes from the Isle of Dogs (East London), Blackburn, Manchester, and Scotland. The questions that this dissertation will be seeking to find out are: * What are the most prominent and researched strategies that have been analysed, evaluated, and used by academics and practitioners? * How useful are each of these strategies, and what are their strength’s and what are their weaknesses? * To what extent, can each of these strategies be successfully applied to neighbour disputes within the Isle of Dogs, with its own unique situation e.g. diverse ethnic population, and extreme poverty on the doorstep to a wealthy area (Canary Wharf)? * How high is the level of anti social behaviour within the borough, relative to other London boroughs? * What is so different or peculiar about the Isle of Dogs? I will locate this central issue within the wider context of the causes of anti-social behaviour, and take into consideration the various dimensions of neighbour disputes. For example I will also consider the age and racial dimensions (Lucey Reay 1999), and the gender dimensions (Nixon Hunter, 1999), of anti social behaviour and in particular, neighbour disputes. METHOD Summary of the academic research required: The aim of this project is to research, analyse, and evaluate the various arguments and strategies concerning the best method to combat anti-social behaviour with regards to neighbour disputes. There are three main strategies or approaches to combat (anti-social) neighbour disputes that my research has discovered: 1. Improving exclusion from certain areas (as advocated by the government). This would include laws making it easier for social landlords to exclude or kick out tenants from social housing at little notice. It could also include restriction orders whereby the accused is not allowed to come within a certain distance of the property or use certain language in the presence, or audio range, of their neighbours as shown in one of the case studies I have researched (Home Office, 2003)2. It could also come in the form of issuing curfew orders3. 2. The second possible response is the ‘Dundee Families project model (Hunter, 2003). This is similar to the 1970’s method of rehabilitation through intensive social work and constant nurturing of offenders, as well as the nurturing of community stakeholders. 3. The third approach is one of the Webster-Stratton programme as advocated by a senior lecturer at the Institute of Psychiatry Stephen Scott4. This is a parent teaching programme, similar to the rehabilitation method above, but involves working strictly with young children (below 10 years of age) and is based in a secure environment talking kids through a video presentation, and group discussions on how they should diffuse problematic situations when encountered upon. 4. The fourth possible approach is the one advocated by the Office of the Deputy Prime Minister: The new deal for Communities (NDC) approach whereby large sums of money, à ¯Ã‚ ¿Ã‚ ½800 million, is given to various neighbourhoods throughout the country for the regeneration of their local community. This could involve building a new park, refurbishing the local community hall, or creating a voluntary organisation aimed at cleaning up graffiti. Through my preliminary research in the form my annotated bibliography, I have discovered that there are widely contrasting views as to the causes of anti-social behaviour, and what strategies work in combating neighbour disputes and those that are a lot more contentious. Each of these strategies will be examined in my dissertation and I plan to analyse and evaluate the strengths and weaknesses of each of these strategies. For each strategy that I have researched I have also researched a corresponding case study that illustrates precisely how that strategy works in practice. With this in mind, I plan to test each strategy by examining the relevant case study against benchmark factors such as: * How well would this strategy work in the Isle of Dogs? * Who are the main beneficiaries, and who are the main losers? * Is it practical? (e.g. cost effective and workable in today’s political climate) * Does it pay attention to gender ethnic, or cultural, differences? * Does it build relations within the community as opposed to exclude sections of the community? Anti-social behaviour is commonly thought to occur in regions and areas where there is a high density of council houses, high levels of unemployment, and low levels of education opportunities (Home Office (b), 2003). However this assumption can be challenged, and the main aim of my research is to do precisely that, provide a balanced yet provoking argument providing both sides of the argument to this debate. It could be argued that only by spending money in the regeneration (e.g. building new community facilities, installing double glazing windows, giving grants for local businesses etc) will people take pride in their communities and their housing and stop the anti-social behaviour (Home Office (d), 2003). However it could be argued that only by including those that commit anti-social behaviour crimes into society, would there be a decrease in the amount of neighbour disputes [as opposed to excluding them from housing, facilities, benefits etc] (Scott, 2001) (Hunter, 2003). Alternatively it could be argued that only by some form exclusion can there be a settlement to anti-social neighbour disputes (Home Office (a), 2001. Data collection: I plan to research and investigate: (a) Various academics think tanks, and the government’s views on how to combat anti-social behaviour. (b) How these strategies are deployed on the ground by evaluating the case studies that I have selected. (c) Research previous government funded anti-social behaviour projects and organisations, and evaluate these claims against the previously mentioned benchmarks such as: * Practicalities such as cost, manpower, etc * How the people within the community viewed the project * Does it pay attention to gender ethnic, or cultural, differences? * Does it build relations within the community as opposed to exclude sections of the community? My data collection process will rely heavily upon case studies that I have obtained from various academic journals and government reports. Case studies will be taken from the Isle of Dogs in Tower Hamlets (Nixon Hunter, 1999), from Scotland (Scott and Parkey, 1998), from nation-wide studies (Nixon Hunter. 2001), and the British Medical Journal (Scott, 2001), amongst others. I have refined my research sources to be more dependent on case studies and journal articles as opposed to other forms of data collection. This is because this specific dissertation is looking for detailed analyses of projects that have combated anti-social behaviour disputes, as opposed to general information, or the views of certain people. I have also devised a questionnaire that I will put forward to a representative sample of 50 Isle of Dogs residents. The questionnaire will not form a significant part of my research, as I will be relying heavily on the case studies. However the results of the questionnaires will be used to back up, or refute, the arguments that I will be presenting in my dissertation. The questions that I will put forward to interviewees are as follows: Questionnaire. What type of incidents would you describe as anti-social neighbour disputes? How big an issue would you rate anti-social neighbour disputes within the Isle of Dogs on a scale of 1 – 10? (1 being not significant and 10 being an extremely big issue) Do you feel that the Isle of Dogs has an above national average level of anti-social neighbour disputes? What do you think is the best method to prevent neighbour disputes concerning adults? * Punish the parents after several warnings * Punish the parents immediately * Give the children extensive social worker attention * Put the child and parent through a psychologically designed training programme on how to behave. * Or other, or a combination of these. If so please explain†¦ Have you been involved in an anti-social neighbour dispute within the last five years? If yes, then ask? (b) Where you an offender or a ‘recipient’ of the dispute? I will be asking these questions to the interviewee on a one to one basis and will arrange these interviews by visiting the local Bengali cultural community centre, the local high street, the local cafà ¯Ã‚ ¿Ã‚ ½, and visiting the local benefits agency (dole office). In addition to these sources I will also collect data from reliable websites such as: Regeneration and anti-social behaviour organisations * http://www.crimereduction.gov.uk * http://www.socialexclusionunit.gov.uk * http://www.odpm.gov.uk * http://www.london.gov.uk * http://www.lda.gov.uk * http://www.go-london.gov.uk (Government Office for London) * http://www.englishpartnerships.co.uk * http://www.bura.org.uk (British Urban Regeneration Association) * http://www.cabe.org.uk (Commission for Architecture and Built Environment) * http://www.civictrust.org.uk * http://www.coalfields-regen.org.uk (The Coalfields Regeneration Trust) * http://www.towerhamlets.gov.uk * http://www.cprregeneration.co.uk * http://www.dta.org.uk/index2.html (Development Trusts Association) * http://www.europa.eu.int * http://www.idea.gov.uk (Improvement and Development Agency) * http://www.renewal.net * http://www.urcs-online.co.uk (Urban Regeneration Companies (URC’s)) * http://bmj.bmjjournals.com/cgi/content/full/323/7306/194?maxtoshow=HITS=10hits=10RESULTFORMAT=1author1=Stephen+Scottandorexacttitle=andandorexacttitleabs=andandorexactfulltext=andsearchid=1071092635458_16583stored_search=FIRSTINDEX=0sortspec=relevanceresourcetype=1,2,3,4,10 How to cite Assessing strategies to combat neighbourhood disputes (Anti-social behaviour), Papers