Prima facie

My Luu BLAW 300 November 13, 2017 Greenman vs. Yuba Power Facts William Greenman, the plaintiff, filed a lawsuit against the retailer and manufacturer of Shopsmith because he was injured when his Shopsmith combination power tool threw a piece of wood, striking him in the head. Greenman’s wife bought him purchased the tool from a retailer for Christmas. This new power tool is advertised that it could be used as a saw, drill, and wood lathe. The plaintiff saw a Shopsmith demonstrated by the…

PHI 1500 Nikkei Lynch Monday 15th December 2014 The Right to Believe Philosophy of religion is a branch of religion that deal with questions regarding religion, including the nature and existence of God, and the examination of religious experiences, texts and vocabulary/ In most cases, philosophers of religion either agree or disagree with their views on certain topics relation to religion, that it, they may interpret and analyze subjects differently. The aim of this paper is to pose a…

discusses duty based theories versus consequential based theories. We did the Starving Seamen case write-up to analyze these theories of personal ethics. We found that the court acted on duty based ethics and the starving seamen acted on consequential based ethics. We also learned about the “Golden Rule” and Ethical Relativism. Chapter 3 discusses the legal system and jurisdiction of the courts. We discussed the three branches of government: the legislative branch, the executive branch, and…

After the plaintiff establishes a prima facie case, the burden of production then shifts to the defendant “to articulate some legitimate, nondiscriminatory reason” for its decision. Then, the burden shifts back to the plaintiff to show that the defendant’s articulated reasons are mere pretext for discrimination. However, employers can assert various defenses for defending a disability discrimination claim. This includes undue hardship if reasonable accommodation cannot be made and the…

Because of the moral standards of society, abortions are becoming a more controversial issue. In this paper, I intend to argue against Don Marquis’s argument that a fetus’ having a potential “future just like ours” is a sufficient statement for claiming that “abortion is, except possibly in rare cases, seriously immoral, that it is in the same category as killing an innocent human being” (p.183). I will first explain Marquis’ “future just like ours” theory which is used to prove his argument…

good to be expanded but unlike from franchise view it’s unfair. It seems SUBWAY have only care about things that benefit to them and own description of states of the world that actions are motivated by this description. Due to the rule of Ross’s 7 Prima Facie duties, franchise get suffered by the SUBWAY progress. As in the theory of utilitarianism is a moral principle that holds that the morally right course of action in any situation is the one that produces the greatest balance of benefits…

To prevail on a traditional summary-judgment motion, a movant must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v.…

the skinheads or to let them go. In light of R.A.V. v. St. Paul, I knew that government could not limit or punish speech and conduct because it does not agree with that speech or conduct.12 Virgina v. Black disallows "treating cross burning as prima facie evidence of intent" but states that, coupled with the intent to intimidate, cross burning can be banned.13 Since the skinheads were well within their right to free speech and there was no mention in the narrative of New York's arson law, I…

A different alternative to the view on the decisions of the Supreme Court is the Majoritarian Approach. This approach says that the decisions in court cases reflect the majority (white) in the United States and that the minority groups are underrepresented and do not receive the same benefits as the majority group does. This view is seen more so in the beginning of the nation when slavery was recently ended and many still felt that the white males deserved the most respect and rights. In a more…

Summary Jeff is new in the position of the assistant account planner and is uncomfortable by the burgers ad campaign because he does not like the idea of selling an unhealthy burger and is uncomfortable with the sexualized ad campaign. Jeff does not like the tagline “Patty melts for you” and wants to bring up the similar sexualized ad campaign with Paris Hilton that did not go over well with the public. Jeff has not said anything, but needs help figuring out what to tell the client and how to…