organizational questions – PLEASE FOLLOW APA writing style Writing Assignment Help

organizational questions – PLEASE FOLLOW APA writing style Writing Assignment Help. organizational questions – PLEASE FOLLOW APA writing style Writing Assignment Help.


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Please provide references to each. follow APA writing style. 2 pages double spacing per question. Thank you.

1. Discuss your results from Appendix A in Crucial Accountability

  • What confrontations do you typically avoid or instigate?
  • Do you use tricks to talk yourself out of speaking up or are you one who always speaks?
  • How can healthcare impact the silence-to-violence habit? What can you personally do?
  • Provide an example of a leader who does this well. (2 pages, double spacing)

2. Discuss the following about the results of your StrengthsFinder assessment.

  • Do you feel it is important to surround yourself with people who are not like you? Why or why not? What problems would you anticipate if you did so and how would you deal with them?
  • What is the most valuable item you garnered from examining your personal leadership style?
  • How can you use your strengths in your practice and as a doctorally-prepared nurse?
  • Provide an example of a nurse leader in your experience that has the most positive strengths. (2 pages, double spacing)

3. What do you think are the most important leadership characteristics that support an environment of innovation. Relate these to Kotter’s change model, particularly stages 3 & 4.

Provide an example of a leader who exemplifies these characteristics. (2 pages, double spacing)

organizational questions – PLEASE FOLLOW APA writing style Writing Assignment Help[supanova_question]

Final Project Programming Assignment Help

Background Information

You have been hired as a system administrator for a small company. Your primary job responsibility is to maintain company servers named Serv1 and Serv2.

The following tasks have to be performed every day and you would like them automated.

  1. Display the System, Application and Security event viewer logs for both servers to make sure there are no Error or Warning messages that happened overnight.
  2. Save the previous day’s Error and Warning events from the 3 event logs from each server. All tracked events for each server should be stored in a single file in the folder C:logfiles. I.e. this file should contain 3 sections, labeled “System”, “Application” and “Security”, with each section representing the referenced event log data. The files should be named EventLogsServY-XX, where Y is the Server number and XX should be replaced by today’s date.

After you review the logs file, you may wish to have it backed up for archival purposes to a USB external drive and delete the original file from the C:logfile folder. Since you may only do this in special cases, you do not know ahead of time the UNC path to the backup folder. You wish to create a script automate this task by completing the following steps in a script.

  1. Copy the EventLogsServY-XX files to a backup drive. The exact name of the EventLogsServY-XX file, the drive letter and location of the backup file should be user input variables at the time the script is executed. The script should also ask, if there are more files to be backed up and exit only if there are no more files to be backed up.
  2. After the EventLogsServY-XX files have been backed up, the original files located on the C:logfiles folder should be deleted.

Final Project Deliverables

For this project, you may use any of the scripting languages to create 2 separate scripts. The script code must contain appropriate comments describing in sufficient details what steps are being performed.

  1. The first script will be used to automate log file creation process – tasks (a) and (b). This script should be called LogFiles.ZZZ, where the ZZZ – represents the correct extension based on the chosen scripting language.
  2. The second script will be used to automate the copy and deletion process – tasks (c) and (d). This script should be called ArchiveLogs.ZZZ, where the ZZZ – represents the correct extension based on the chosen scripting language.

HINT: Review the scripts in the textbook and search the internet and for basic scripts dealing with LogFile and copying of file, which can be used as a starting point for this project.

You will be graded based on how well your scripts complete the required tasks, and how well the imbedded comments document the script commands.

Submission Instructions

Submit the following: The screen prints showing successful execution of tasks a,b,c & d in a single Word document. Together with the actual script files (1) and (2). ZIP the Word document with the script files in to a single ZIP file and submit it to the Final Project dropbox in Module #11.

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Statistics assignment two part Humanities Assignment Help

Part 1: Complete the attached exersize worksheet, some of this is completed- the yellow highlighted section is what is not completed yet Part 2:

Directions: Use the following information to complete the questions below. While APA format is not required for the body of this assignment, solid academic writing is expected, and documentation of sources should be presented using APA formatting guidelines, which can be found in the APA Style Guide, located in the Student Success Center.

A researcher was interested in the anxiety present in students just prior to the midterm exam. The research used an anxiety self-quiz to gage the student’s anxiety. The score for 30 students are given here.

69

99

91

66

70

98

70

53

40

58

61

66

94

77

70

56

88

85

86

40

84

86

54

48

86

43

78

53

79

89

  • Construct a frequency table with class, frequency, relative percent, and cumulative percent that has 6 classes to describe the distribution of the data in SPSS.
  • Use the frequency table created in problem to construct a histogram in SPSS.
  • Use SPSS to calculate the numerical descriptive statistics mean, median, standard deviation, and variance of the anxiety scores.

[supanova_question]

Your thoughts Writing Assignment Help

Click on the link below for the story ;

https://fcw.com/Articles/2007/12/13/Kelman-Too-man…

This is an assignment to evaluate students’ writing skills.

(Kelman: Too Many Contractors?) The article was written a few years ago, but the issue has gained new life recently. At least partly for the reasons given in the article, the federal government is trying to reduce the number of IT services contractors and to hire qualified staff to replace them. At the same time, the federal government is cutting costs, which means that there are fewer contracts for the contractors, so they are laying off staff. What do you think? Are there too many IT services contractors? Will the federal government be able to hire enough qualified staff to replace them despite the tight budgets? Will the federal agencies be able to “grow” their own in-house IT professionals?

1. Topic: Your thoughts on Kelman’s article, Too Many Contractors

2. Expectation: Write a 3 page (or 1,000 words) essay with your perspective on the article and please make sure to use external references to support your analysis. The essay should be in APA format.

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Several Questions Business Finance Assignment Help

Answer 7 discussion questions listed below in detail. 50 word count min.

1.Considering Ch. 12 “Motivating Employees” and the Pearson Education video, write a response in fewer than 300 words on how Pearson attempted to motivate their sales team. Make sure you demonstrate and cite learning from the course resources or other credible sources. Look for opportunities to discuss your responses with classmates. Post your response in the discussion area.

2. wanted to point out several categories of ways that managers can motivate employees. The key to me is being able to use the correct motivation for everyone. Remember people are motivated by different reasons; determining which one to use is you hardest challenge.

  1. Authority: the manager’s legitimate hierarchical right to issue orders
  2. Assignment: the manager’s perceived ability to influence a worker’s later work assignments
  3. Budget: the manager’s perceived ability to authorize others’ use of discretionary funds
  4. Promotion: the manager’s ability to improve a worker’s position
  5. Money: the manager’s ability to increase a worker’s pay and benefits
  6. Penalty: the manager’s ability to cause punishment
  7. Work challenge: the manager’s ability to assign work that capitalizes on a worker’s enjoyment of doing a task
  8. Expertise: the manager’s perceived special knowledge that others deem important
  9. Friendship: the manager’s ability to establish friendly personal relationships between the manager and employees

3.Identify someone you admire as a leader. This can be anyone now or in history who has served a leadership role. Considering the concepts discussed the course materials, answer the following questions:

  • Why did you select this individual as a leader you admire?
  • What are/were this leader’s sources of power?
  • What influence tactics does/did the person use?
  • Which traits does/did the leader exhibit?
  • What behaviors does/did the person exhibit?
  • Considering the course concepts, what type of leader do you aspire to be?

4.how can you become better at situational leadership? Below is a list of quotes from experienced leaders that you can apply:

  • Margaret Wheatley: “Leadership is a series of behaviors rather than a role for heroes.”
  • Colin Powell: “Leadership is solving problems.”
  • Mahatma Gandhi: “I suppose leadership at one time meant muscles, but today it means getting along with people.”
  • John D. Rockefeller: “Good leadership consists of showing average people how to do the work of superior people.”
  • Margaret Thatcher: “You may have to fight a battle more than once to win it.”
  • John Wooden: “It’s what you learn after you know it all that counts.”

5.As you begin to prepare your responses to this week’s discussion, consider someone you view as a great leader and ask yourself how many of these characteristics do they express?

6.Leadership style is the manner and approach of providing direction, implementing plans, and motivating people. Below are some of the most common leadership styles, pick one and tell the class about it. Also, consider which one you fall under.

  • Autocratic leadership
  • Bureaucratic leadership
  • Charismatic leadership
  • Democratic leadership or Participative leadership
  • Laissez-faire leadership
  • People-oriented leadership or Relations-Oriented leadership
  • Servant leadership
  • Task-oriented leadership
  • Transactional leadership
  • Transformational leadership

7.What are some actions you can take to develop respect and trust with others?

[supanova_question]

[supanova_question]

250 Word Summary Criminal Law Business Finance Assignment Help

Answer the question below in 250 words or more. At the bottom of your summary provide two questions about the topic to encourage responses from my peers. PLEASE write in your own words. Plagiarism will not be accepted. Also, use the attachments provided to find your answer.

What is the difference between coincidental intervening acts and responsive intervening acts? Provide an example of each to support your answer.

Be sure to include APA text citation to cite your work – here is the APA citation for the text: Contemporary criminal law: concepts, cases, and controversies Matthew Lippman – Sage Publications – 2018 (THE POWER POINT CHAPTER THAT I PROVIDED IS FROM THIS BOOK). THIS IS THE ONLY SOURCE NEEDED FOR THIS ASSIGNMENT).

250 Word Summary Criminal Law Business Finance Assignment Help[supanova_question]

Legal Writing – External Brief Business Finance Assignment Help

In many legal settings you will be part of a legal team representing a
client. As a member of the team, what paralegal part of trial or
appellate brief writing would you volunteer to draft? Why? As the
newest member of the legal team what paralegal parts of trial or
appellate brief writing do you believe you could perform immediately?
Why? Perhaps you might consider sharing an experience (think team
sports, a comment by a teacher or mentor that you did a good job, a
similar project or job that you enjoyed doing etc.) you have had that
illustrates your point.

[supanova_question]

eating disorder research PPT work Business Finance Assignment Help

One ppt, one 400 words summary of each pages of ppt. PPT total page: 5-7.

Please read the instruction project requirement that I post in the attached file. Only need to do the Presentation PPT part. And write one 400 words summary of it. My topic is about: women eating disorder. need to focus on different aspect: maybe you want to explore the fact and number of eating disorders in US, and some other aspect of the psychology of women eating disorders. You will
also need to consider something related to both culture and social aspect. For example, do
attitudes toward eating disorders differ by cultural background or social status.

Please check the research project guidelines. And I post 2 examples, please follow the format. Need to make up some interview parts. Makeup some name and mention about what’s your interview question, what’s your interview results.

[supanova_question]

decision making, involves calculations do not bid if you are not sure Computer Science Assignment Help

DA Corp is a smart audio equipment manufacturer. The company has to decide if it should invest in developing a new product to be launched by the second half of 2019. The project requires an initial investment of either $1 million or $2 million in January 2019. However, the company does not know whether the product could be completed by June 2019 or not. The company believes that, if it invests $1 million in January 2019, the product will be completed in June 2019 with probability 0.6; if it invests $2 million instead, the product will be completed in June 2019 with probability 0.8.

If the product is not completed by June 2019, DA has the option to either invest another $2 million to continue the project or to terminate the project. If it does invest $2 million in June 2019, it will certainly finish the product by October 2019.

DA Corp has a competitor, Cyber Inc., who is working on a competing product. DAbelieves that Cyber is equally likely to finish its producteither by June 2019 or October 2019. DA will know with certainty in June 2019 whether Cyber has finished its product at that time or not.

If the two companies finish their products at the same time, they will each make $10million profits from marketing and sales. Otherwise, the one who finishes first will make $4 million profits from marketing and sales, and the one who finishes later will make only $1 million from marketing and sales. If a company does not finish a product, it will not make any profit.

Assume DA Corp is risk neutral. Ignores the effects of any time value of money in your analysis.

  • Draw a decision tree representing DA Corp decision problem. Determine the company’s optimal decision policy and certainty equivalent. (10 marks)
  • Plot the risk profiles for the company’s two initial decision alternatives on a common graph paper. (10 marks)
  • Is there any first or second order stochastic dominance among the two initial alternatives? Explain your answers. (5 marks)
  • What is the value of clairvoyance to DA Corp on whether Cyber Inc. will finish its product by the end of June 2019 or not? Show your computations. (10 marks)
  • John, an ex-employee of Cyber offers to help DA assess whether Cyber would complete the product by June or October 2019. However, as John had left the company months ago, his assessment will not be perfect. If Cyber can complete by June 2019, John will predict it correctly with probability 0.75. On the other hand, if Cyber completes the product in October 2019 instead, John will predict it correctly with probability of 0.9. How much is John’s assessment worth to DA? Show your computations (15 marks)

You may use computer software (treeplan and others) for your computations but you must show your workings in the submission.

[supanova_question]

Criminal Case Brief Assignment Business Finance Assignment Help

Write a Case Brief on the following case below:

  1. Commonwealth v. Berggren

For those of you who doesn’t know anything about criminal justice, law, case briefing and case analysis should not bid. Absolutely no plagiarism. Thanks

How to Brief a Case

A case brief is a dissection of a judicial opinion. It contains a written summary of the basic components of that decision. Briefing a case helps you acquire the skills of case analysis and legal reasoning. It also helps you understand it. Briefs help you remember cases for class discussions and assignments. Learning law is a process of problem solving through legal reasoning; case briefs, therefore, should not be memorized. Below are examples and explanations of the components of a case brief as to what this assignment should consist of and should look like. Thanks

1. Case Title and Citation

■ Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Services (Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S. 598 (2001) Case titles generally take on the names of the parties involved in the case. For example, in this case Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, Buckhannon Board is the party asking the Court to reverse a lower court’s holding; West Virginia Department of Health and Human Resources wants the Court to affirm that holding. A citation acts as the case’s “address.” There is a standard format for cases contained in the United States Reports (abbreviated U.S. in case citations). Therefore, in this case, the citation is 532 U.S. 598. This means that this case is found on page 598 of the 532nd volume of the United States Reports.

2. Procedural History

■ Procedural History

The Court of Appeals affirmed the District Court’s dismissal of the case and denial of attorney’s fees. The Supreme Court affirmed. The procedural history (or posture) states how the case got to the court that wrote the opinion that you are reading.

3. Facts

Facts

Buckhannon Board and Care Home, Inc. (“Buckhannon”), which operates care homes that provide assisted living to its residents, failed an inspection by the West Virginia Office of the State Fire Marshall because some of the residents were incapable of “self-preservation” as defined under state law. On October 28, 1997, after receiving cease and desist orders requiring the closure of its residential care facilities within 30 days, Plaintiff, on behalf of itself and other similarly situated homes and residents brought suit in federal district court against the state of West Virginia, two of its agencies, and 18 individuals. Plaintiff agreed to stay enforcement of the cease-and-desist orders pending resolution of the case and the parties began discovery. The district court granted West Virginia’s motion to dismiss, finding that the 1998 legislation had eliminated the allegedly offensive provisions and that there was no indication that the Legislature would repeal the amendments. Buckhannon then moved for attorney’s fees as the prevailing party. This section includes a brief overview of the relevant facts of the case that (a) describe the dispute at hand and (b) have brought the case to this point. Basically, you should answer the questions of who did what to whom and why. The facts of the case are often presented at the outset of an opinion of the Court, although sometimes they may describe through the opinion. It is also important here to note the holdings of the lower court(s) (i.e., the legal history of the case) so that you understand the decision of the Supreme Court when it “reverses” or “affirms.”

4. Issue

■ Issue

Is a prevailing party is entitled to attorney’s fees in Federal court when the prevailing party did not receive a judgment on the merits, but only prevailed because the lawsuit brought about a voluntary change in the defendant’s conduct. In this section, you identify the legal issue(s) addressed by the court. The legal issues should refer specifically to the facts of the case, but you should not phrase the issues as purely factual questions. Issues may involve substantive law or procedural law.

5. Ruling and reasoning

■ (Rehnquist, J.) No. The Supreme Court of the United States affirmed the appeals court’s ruling denying the motion for attorney’s fees. Although attorney’s fees may be granted to a prevailing party following a judgment on the merits, in addition to settlement agreements enforced through a consent decree, attorney’s fees are not warranted where there has not been a judicial determination altering the legal position of the parties. In the United States, parties are ordinarily required to bear their own attorney’s fees so that the prevailing party is not entitled to collect from the loser. However, Congress has passed laws permitting the shifting of attorney’s fees in numerous instances. In refusing to award attorney’s fees in this instance, though, the court stressed that its decision was consistent with prior decisions refusing to award attorney’s fees where the court issued a directed verdict against one party. The ruling and reasoning section includes what this court ruled, or, how the court answered the question (theoretically, the court’s application of the law to the fact of this specific case).

6. Dissenting or Concurring Opinion

■ Dissent

Justice Ginsberg dissented, in which he was joined by Justices Stevens, Souter, and Breyer. His dissent stressed that fee shifting should depend on the outcome of the case, i.e. whether the prevailing party received their desired outcome, regardless of whether or not a judicial decision existed to memorialize the outcome. Essentially, the dissent defined the term “prevailing party” in a practical sense, such clear that a party may be considered to have prevailed even when the legal action stops short of final judgment due to intervening mootness.

■ Concurrence

Justice Scalia concurred, in which he was joined by Justice Thomas. His concurrence focuses on the fact that a prevailing party cannot be one who left the courthouse empty-handed,

[supanova_question]

https://anyessayhelp.com/, write a response in fewer than 300 words on how Pearson attempted to motivate their sales team. Make sure you demonstrate and cite learning from the course resources or other credible sources. Look for opportunities to discuss your responses with classmates. Post your response in the discussion area.

2. wanted to point out several categories of ways that managers can motivate employees. The key to me is being able to use the correct motivation for everyone. Remember people are motivated by different reasons; determining which one to use is you hardest challenge.

  1. Authority: the manager’s legitimate hierarchical right to issue orders
  2. Assignment: the manager’s perceived ability to influence a worker’s later work assignments
  3. Budget: the manager’s perceived ability to authorize others’ use of discretionary funds
  4. Promotion: the manager’s ability to improve a worker’s position
  5. Money: the manager’s ability to increase a worker’s pay and benefits
  6. Penalty: the manager’s ability to cause punishment
  7. Work challenge: the manager’s ability to assign work that capitalizes on a worker’s enjoyment of doing a task
  8. Expertise: the manager’s perceived special knowledge that others deem important
  9. Friendship: the manager’s ability to establish friendly personal relationships between the manager and employees

3.Identify someone you admire as a leader. This can be anyone now or in history who has served a leadership role. Considering the concepts discussed the course materials, answer the following questions:

  • Why did you select this individual as a leader you admire?
  • What are/were this leader’s sources of power?
  • What influence tactics does/did the person use?
  • Which traits does/did the leader exhibit?
  • What behaviors does/did the person exhibit?
  • Considering the course concepts, what type of leader do you aspire to be?

4.how can you become better at situational leadership? Below is a list of quotes from experienced leaders that you can apply:

  • Margaret Wheatley: “Leadership is a series of behaviors rather than a role for heroes.”
  • Colin Powell: “Leadership is solving problems.”
  • Mahatma Gandhi: “I suppose leadership at one time meant muscles, but today it means getting along with people.”
  • John D. Rockefeller: “Good leadership consists of showing average people how to do the work of superior people.”
  • Margaret Thatcher: “You may have to fight a battle more than once to win it.”
  • John Wooden: “It’s what you learn after you know it all that counts.”

5.As you begin to prepare your responses to this week’s discussion, consider someone you view as a great leader and ask yourself how many of these characteristics do they express?

6.Leadership style is the manner and approach of providing direction, implementing plans, and motivating people. Below are some of the most common leadership styles, pick one and tell the class about it. Also, consider which one you fall under.

  • Autocratic leadership
  • Bureaucratic leadership
  • Charismatic leadership
  • Democratic leadership or Participative leadership
  • Laissez-faire leadership
  • People-oriented leadership or Relations-Oriented leadership
  • Servant leadership
  • Task-oriented leadership
  • Transactional leadership
  • Transformational leadership

7.What are some actions you can take to develop respect and trust with others?

[supanova_question]

[supanova_question]

250 Word Summary Criminal Law Business Finance Assignment Help

Answer the question below in 250 words or more. At the bottom of your summary provide two questions about the topic to encourage responses from my peers. PLEASE write in your own words. Plagiarism will not be accepted. Also, use the attachments provided to find your answer.

What is the difference between coincidental intervening acts and responsive intervening acts? Provide an example of each to support your answer.

Be sure to include APA text citation to cite your work – here is the APA citation for the text: Contemporary criminal law: concepts, cases, and controversies Matthew Lippman – Sage Publications – 2018 (THE POWER POINT CHAPTER THAT I PROVIDED IS FROM THIS BOOK). THIS IS THE ONLY SOURCE NEEDED FOR THIS ASSIGNMENT).

250 Word Summary Criminal Law Business Finance Assignment Help[supanova_question]

Legal Writing – External Brief Business Finance Assignment Help

In many legal settings you will be part of a legal team representing a
client. As a member of the team, what paralegal part of trial or
appellate brief writing would you volunteer to draft? Why? As the
newest member of the legal team what paralegal parts of trial or
appellate brief writing do you believe you could perform immediately?
Why? Perhaps you might consider sharing an experience (think team
sports, a comment by a teacher or mentor that you did a good job, a
similar project or job that you enjoyed doing etc.) you have had that
illustrates your point.

[supanova_question]

eating disorder research PPT work Business Finance Assignment Help

One ppt, one 400 words summary of each pages of ppt. PPT total page: 5-7.

Please read the instruction project requirement that I post in the attached file. Only need to do the Presentation PPT part. And write one 400 words summary of it. My topic is about: women eating disorder. need to focus on different aspect: maybe you want to explore the fact and number of eating disorders in US, and some other aspect of the psychology of women eating disorders. You will
also need to consider something related to both culture and social aspect. For example, do
attitudes toward eating disorders differ by cultural background or social status.

Please check the research project guidelines. And I post 2 examples, please follow the format. Need to make up some interview parts. Makeup some name and mention about what’s your interview question, what’s your interview results.

[supanova_question]

decision making, involves calculations do not bid if you are not sure Computer Science Assignment Help

DA Corp is a smart audio equipment manufacturer. The company has to decide if it should invest in developing a new product to be launched by the second half of 2019. The project requires an initial investment of either $1 million or $2 million in January 2019. However, the company does not know whether the product could be completed by June 2019 or not. The company believes that, if it invests $1 million in January 2019, the product will be completed in June 2019 with probability 0.6; if it invests $2 million instead, the product will be completed in June 2019 with probability 0.8.

If the product is not completed by June 2019, DA has the option to either invest another $2 million to continue the project or to terminate the project. If it does invest $2 million in June 2019, it will certainly finish the product by October 2019.

DA Corp has a competitor, Cyber Inc., who is working on a competing product. DAbelieves that Cyber is equally likely to finish its producteither by June 2019 or October 2019. DA will know with certainty in June 2019 whether Cyber has finished its product at that time or not.

If the two companies finish their products at the same time, they will each make $10million profits from marketing and sales. Otherwise, the one who finishes first will make $4 million profits from marketing and sales, and the one who finishes later will make only $1 million from marketing and sales. If a company does not finish a product, it will not make any profit.

Assume DA Corp is risk neutral. Ignores the effects of any time value of money in your analysis.

  • Draw a decision tree representing DA Corp decision problem. Determine the company’s optimal decision policy and certainty equivalent. (10 marks)
  • Plot the risk profiles for the company’s two initial decision alternatives on a common graph paper. (10 marks)
  • Is there any first or second order stochastic dominance among the two initial alternatives? Explain your answers. (5 marks)
  • What is the value of clairvoyance to DA Corp on whether Cyber Inc. will finish its product by the end of June 2019 or not? Show your computations. (10 marks)
  • John, an ex-employee of Cyber offers to help DA assess whether Cyber would complete the product by June or October 2019. However, as John had left the company months ago, his assessment will not be perfect. If Cyber can complete by June 2019, John will predict it correctly with probability 0.75. On the other hand, if Cyber completes the product in October 2019 instead, John will predict it correctly with probability of 0.9. How much is John’s assessment worth to DA? Show your computations (15 marks)

You may use computer software (treeplan and others) for your computations but you must show your workings in the submission.

[supanova_question]

Criminal Case Brief Assignment Business Finance Assignment Help

Write a Case Brief on the following case below:

  1. Commonwealth v. Berggren

For those of you who doesn’t know anything about criminal justice, law, case briefing and case analysis should not bid. Absolutely no plagiarism. Thanks

How to Brief a Case

A case brief is a dissection of a judicial opinion. It contains a written summary of the basic components of that decision. Briefing a case helps you acquire the skills of case analysis and legal reasoning. It also helps you understand it. Briefs help you remember cases for class discussions and assignments. Learning law is a process of problem solving through legal reasoning; case briefs, therefore, should not be memorized. Below are examples and explanations of the components of a case brief as to what this assignment should consist of and should look like. Thanks

1. Case Title and Citation

■ Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Services (Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S. 598 (2001) Case titles generally take on the names of the parties involved in the case. For example, in this case Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, Buckhannon Board is the party asking the Court to reverse a lower court’s holding; West Virginia Department of Health and Human Resources wants the Court to affirm that holding. A citation acts as the case’s “address.” There is a standard format for cases contained in the United States Reports (abbreviated U.S. in case citations). Therefore, in this case, the citation is 532 U.S. 598. This means that this case is found on page 598 of the 532nd volume of the United States Reports.

2. Procedural History

■ Procedural History

The Court of Appeals affirmed the District Court’s dismissal of the case and denial of attorney’s fees. The Supreme Court affirmed. The procedural history (or posture) states how the case got to the court that wrote the opinion that you are reading.

3. Facts

Facts

Buckhannon Board and Care Home, Inc. (“Buckhannon”), which operates care homes that provide assisted living to its residents, failed an inspection by the West Virginia Office of the State Fire Marshall because some of the residents were incapable of “self-preservation” as defined under state law. On October 28, 1997, after receiving cease and desist orders requiring the closure of its residential care facilities within 30 days, Plaintiff, on behalf of itself and other similarly situated homes and residents brought suit in federal district court against the state of West Virginia, two of its agencies, and 18 individuals. Plaintiff agreed to stay enforcement of the cease-and-desist orders pending resolution of the case and the parties began discovery. The district court granted West Virginia’s motion to dismiss, finding that the 1998 legislation had eliminated the allegedly offensive provisions and that there was no indication that the Legislature would repeal the amendments. Buckhannon then moved for attorney’s fees as the prevailing party. This section includes a brief overview of the relevant facts of the case that (a) describe the dispute at hand and (b) have brought the case to this point. Basically, you should answer the questions of who did what to whom and why. The facts of the case are often presented at the outset of an opinion of the Court, although sometimes they may describe through the opinion. It is also important here to note the holdings of the lower court(s) (i.e., the legal history of the case) so that you understand the decision of the Supreme Court when it “reverses” or “affirms.”

4. Issue

■ Issue

Is a prevailing party is entitled to attorney’s fees in Federal court when the prevailing party did not receive a judgment on the merits, but only prevailed because the lawsuit brought about a voluntary change in the defendant’s conduct. In this section, you identify the legal issue(s) addressed by the court. The legal issues should refer specifically to the facts of the case, but you should not phrase the issues as purely factual questions. Issues may involve substantive law or procedural law.

5. Ruling and reasoning

■ (Rehnquist, J.) No. The Supreme Court of the United States affirmed the appeals court’s ruling denying the motion for attorney’s fees. Although attorney’s fees may be granted to a prevailing party following a judgment on the merits, in addition to settlement agreements enforced through a consent decree, attorney’s fees are not warranted where there has not been a judicial determination altering the legal position of the parties. In the United States, parties are ordinarily required to bear their own attorney’s fees so that the prevailing party is not entitled to collect from the loser. However, Congress has passed laws permitting the shifting of attorney’s fees in numerous instances. In refusing to award attorney’s fees in this instance, though, the court stressed that its decision was consistent with prior decisions refusing to award attorney’s fees where the court issued a directed verdict against one party. The ruling and reasoning section includes what this court ruled, or, how the court answered the question (theoretically, the court’s application of the law to the fact of this specific case).

6. Dissenting or Concurring Opinion

■ Dissent

Justice Ginsberg dissented, in which he was joined by Justices Stevens, Souter, and Breyer. His dissent stressed that fee shifting should depend on the outcome of the case, i.e. whether the prevailing party received their desired outcome, regardless of whether or not a judicial decision existed to memorialize the outcome. Essentially, the dissent defined the term “prevailing party” in a practical sense, such clear that a party may be considered to have prevailed even when the legal action stops short of final judgment due to intervening mootness.

■ Concurrence

Justice Scalia concurred, in which he was joined by Justice Thomas. His concurrence focuses on the fact that a prevailing party cannot be one who left the courthouse empty-handed,

[supanova_question]

https://anyessayhelp.com/, write a response in fewer than 300 words on how Pearson attempted to motivate their sales team. Make sure you demonstrate and cite learning from the course resources or other credible sources. Look for opportunities to discuss your responses with classmates. Post your response in the discussion area.

2. wanted to point out several categories of ways that managers can motivate employees. The key to me is being able to use the correct motivation for everyone. Remember people are motivated by different reasons; determining which one to use is you hardest challenge.

  1. Authority: the manager’s legitimate hierarchical right to issue orders
  2. Assignment: the manager’s perceived ability to influence a worker’s later work assignments
  3. Budget: the manager’s perceived ability to authorize others’ use of discretionary funds
  4. Promotion: the manager’s ability to improve a worker’s position
  5. Money: the manager’s ability to increase a worker’s pay and benefits
  6. Penalty: the manager’s ability to cause punishment
  7. Work challenge: the manager’s ability to assign work that capitalizes on a worker’s enjoyment of doing a task
  8. Expertise: the manager’s perceived special knowledge that others deem important
  9. Friendship: the manager’s ability to establish friendly personal relationships between the manager and employees

3.Identify someone you admire as a leader. This can be anyone now or in history who has served a leadership role. Considering the concepts discussed the course materials, answer the following questions:

  • Why did you select this individual as a leader you admire?
  • What are/were this leader’s sources of power?
  • What influence tactics does/did the person use?
  • Which traits does/did the leader exhibit?
  • What behaviors does/did the person exhibit?
  • Considering the course concepts, what type of leader do you aspire to be?

4.how can you become better at situational leadership? Below is a list of quotes from experienced leaders that you can apply:

  • Margaret Wheatley: “Leadership is a series of behaviors rather than a role for heroes.”
  • Colin Powell: “Leadership is solving problems.”
  • Mahatma Gandhi: “I suppose leadership at one time meant muscles, but today it means getting along with people.”
  • John D. Rockefeller: “Good leadership consists of showing average people how to do the work of superior people.”
  • Margaret Thatcher: “You may have to fight a battle more than once to win it.”
  • John Wooden: “It’s what you learn after you know it all that counts.”

5.As you begin to prepare your responses to this week’s discussion, consider someone you view as a great leader and ask yourself how many of these characteristics do they express?

6.Leadership style is the manner and approach of providing direction, implementing plans, and motivating people. Below are some of the most common leadership styles, pick one and tell the class about it. Also, consider which one you fall under.

  • Autocratic leadership
  • Bureaucratic leadership
  • Charismatic leadership
  • Democratic leadership or Participative leadership
  • Laissez-faire leadership
  • People-oriented leadership or Relations-Oriented leadership
  • Servant leadership
  • Task-oriented leadership
  • Transactional leadership
  • Transformational leadership

7.What are some actions you can take to develop respect and trust with others?

[supanova_question]

[supanova_question]

250 Word Summary Criminal Law Business Finance Assignment Help

Answer the question below in 250 words or more. At the bottom of your summary provide two questions about the topic to encourage responses from my peers. PLEASE write in your own words. Plagiarism will not be accepted. Also, use the attachments provided to find your answer.

What is the difference between coincidental intervening acts and responsive intervening acts? Provide an example of each to support your answer.

Be sure to include APA text citation to cite your work – here is the APA citation for the text: Contemporary criminal law: concepts, cases, and controversies Matthew Lippman – Sage Publications – 2018 (THE POWER POINT CHAPTER THAT I PROVIDED IS FROM THIS BOOK). THIS IS THE ONLY SOURCE NEEDED FOR THIS ASSIGNMENT).

250 Word Summary Criminal Law Business Finance Assignment Help[supanova_question]

Legal Writing – External Brief Business Finance Assignment Help

In many legal settings you will be part of a legal team representing a
client. As a member of the team, what paralegal part of trial or
appellate brief writing would you volunteer to draft? Why? As the
newest member of the legal team what paralegal parts of trial or
appellate brief writing do you believe you could perform immediately?
Why? Perhaps you might consider sharing an experience (think team
sports, a comment by a teacher or mentor that you did a good job, a
similar project or job that you enjoyed doing etc.) you have had that
illustrates your point.

[supanova_question]

eating disorder research PPT work Business Finance Assignment Help

One ppt, one 400 words summary of each pages of ppt. PPT total page: 5-7.

Please read the instruction project requirement that I post in the attached file. Only need to do the Presentation PPT part. And write one 400 words summary of it. My topic is about: women eating disorder. need to focus on different aspect: maybe you want to explore the fact and number of eating disorders in US, and some other aspect of the psychology of women eating disorders. You will
also need to consider something related to both culture and social aspect. For example, do
attitudes toward eating disorders differ by cultural background or social status.

Please check the research project guidelines. And I post 2 examples, please follow the format. Need to make up some interview parts. Makeup some name and mention about what’s your interview question, what’s your interview results.

[supanova_question]

decision making, involves calculations do not bid if you are not sure Computer Science Assignment Help

DA Corp is a smart audio equipment manufacturer. The company has to decide if it should invest in developing a new product to be launched by the second half of 2019. The project requires an initial investment of either $1 million or $2 million in January 2019. However, the company does not know whether the product could be completed by June 2019 or not. The company believes that, if it invests $1 million in January 2019, the product will be completed in June 2019 with probability 0.6; if it invests $2 million instead, the product will be completed in June 2019 with probability 0.8.

If the product is not completed by June 2019, DA has the option to either invest another $2 million to continue the project or to terminate the project. If it does invest $2 million in June 2019, it will certainly finish the product by October 2019.

DA Corp has a competitor, Cyber Inc., who is working on a competing product. DAbelieves that Cyber is equally likely to finish its producteither by June 2019 or October 2019. DA will know with certainty in June 2019 whether Cyber has finished its product at that time or not.

If the two companies finish their products at the same time, they will each make $10million profits from marketing and sales. Otherwise, the one who finishes first will make $4 million profits from marketing and sales, and the one who finishes later will make only $1 million from marketing and sales. If a company does not finish a product, it will not make any profit.

Assume DA Corp is risk neutral. Ignores the effects of any time value of money in your analysis.

  • Draw a decision tree representing DA Corp decision problem. Determine the company’s optimal decision policy and certainty equivalent. (10 marks)
  • Plot the risk profiles for the company’s two initial decision alternatives on a common graph paper. (10 marks)
  • Is there any first or second order stochastic dominance among the two initial alternatives? Explain your answers. (5 marks)
  • What is the value of clairvoyance to DA Corp on whether Cyber Inc. will finish its product by the end of June 2019 or not? Show your computations. (10 marks)
  • John, an ex-employee of Cyber offers to help DA assess whether Cyber would complete the product by June or October 2019. However, as John had left the company months ago, his assessment will not be perfect. If Cyber can complete by June 2019, John will predict it correctly with probability 0.75. On the other hand, if Cyber completes the product in October 2019 instead, John will predict it correctly with probability of 0.9. How much is John’s assessment worth to DA? Show your computations (15 marks)

You may use computer software (treeplan and others) for your computations but you must show your workings in the submission.

[supanova_question]

Criminal Case Brief Assignment Business Finance Assignment Help

Write a Case Brief on the following case below:

  1. Commonwealth v. Berggren

For those of you who doesn’t know anything about criminal justice, law, case briefing and case analysis should not bid. Absolutely no plagiarism. Thanks

How to Brief a Case

A case brief is a dissection of a judicial opinion. It contains a written summary of the basic components of that decision. Briefing a case helps you acquire the skills of case analysis and legal reasoning. It also helps you understand it. Briefs help you remember cases for class discussions and assignments. Learning law is a process of problem solving through legal reasoning; case briefs, therefore, should not be memorized. Below are examples and explanations of the components of a case brief as to what this assignment should consist of and should look like. Thanks

1. Case Title and Citation

■ Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Services (Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S. 598 (2001) Case titles generally take on the names of the parties involved in the case. For example, in this case Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, Buckhannon Board is the party asking the Court to reverse a lower court’s holding; West Virginia Department of Health and Human Resources wants the Court to affirm that holding. A citation acts as the case’s “address.” There is a standard format for cases contained in the United States Reports (abbreviated U.S. in case citations). Therefore, in this case, the citation is 532 U.S. 598. This means that this case is found on page 598 of the 532nd volume of the United States Reports.

2. Procedural History

■ Procedural History

The Court of Appeals affirmed the District Court’s dismissal of the case and denial of attorney’s fees. The Supreme Court affirmed. The procedural history (or posture) states how the case got to the court that wrote the opinion that you are reading.

3. Facts

Facts

Buckhannon Board and Care Home, Inc. (“Buckhannon”), which operates care homes that provide assisted living to its residents, failed an inspection by the West Virginia Office of the State Fire Marshall because some of the residents were incapable of “self-preservation” as defined under state law. On October 28, 1997, after receiving cease and desist orders requiring the closure of its residential care facilities within 30 days, Plaintiff, on behalf of itself and other similarly situated homes and residents brought suit in federal district court against the state of West Virginia, two of its agencies, and 18 individuals. Plaintiff agreed to stay enforcement of the cease-and-desist orders pending resolution of the case and the parties began discovery. The district court granted West Virginia’s motion to dismiss, finding that the 1998 legislation had eliminated the allegedly offensive provisions and that there was no indication that the Legislature would repeal the amendments. Buckhannon then moved for attorney’s fees as the prevailing party. This section includes a brief overview of the relevant facts of the case that (a) describe the dispute at hand and (b) have brought the case to this point. Basically, you should answer the questions of who did what to whom and why. The facts of the case are often presented at the outset of an opinion of the Court, although sometimes they may describe through the opinion. It is also important here to note the holdings of the lower court(s) (i.e., the legal history of the case) so that you understand the decision of the Supreme Court when it “reverses” or “affirms.”

4. Issue

■ Issue

Is a prevailing party is entitled to attorney’s fees in Federal court when the prevailing party did not receive a judgment on the merits, but only prevailed because the lawsuit brought about a voluntary change in the defendant’s conduct. In this section, you identify the legal issue(s) addressed by the court. The legal issues should refer specifically to the facts of the case, but you should not phrase the issues as purely factual questions. Issues may involve substantive law or procedural law.

5. Ruling and reasoning

■ (Rehnquist, J.) No. The Supreme Court of the United States affirmed the appeals court’s ruling denying the motion for attorney’s fees. Although attorney’s fees may be granted to a prevailing party following a judgment on the merits, in addition to settlement agreements enforced through a consent decree, attorney’s fees are not warranted where there has not been a judicial determination altering the legal position of the parties. In the United States, parties are ordinarily required to bear their own attorney’s fees so that the prevailing party is not entitled to collect from the loser. However, Congress has passed laws permitting the shifting of attorney’s fees in numerous instances. In refusing to award attorney’s fees in this instance, though, the court stressed that its decision was consistent with prior decisions refusing to award attorney’s fees where the court issued a directed verdict against one party. The ruling and reasoning section includes what this court ruled, or, how the court answered the question (theoretically, the court’s application of the law to the fact of this specific case).

6. Dissenting or Concurring Opinion

■ Dissent

Justice Ginsberg dissented, in which he was joined by Justices Stevens, Souter, and Breyer. His dissent stressed that fee shifting should depend on the outcome of the case, i.e. whether the prevailing party received their desired outcome, regardless of whether or not a judicial decision existed to memorialize the outcome. Essentially, the dissent defined the term “prevailing party” in a practical sense, such clear that a party may be considered to have prevailed even when the legal action stops short of final judgment due to intervening mootness.

■ Concurrence

Justice Scalia concurred, in which he was joined by Justice Thomas. His concurrence focuses on the fact that a prevailing party cannot be one who left the courthouse empty-handed,

[supanova_question]

https://anyessayhelp.com/, write a response in fewer than 300 words on how Pearson attempted to motivate their sales team. Make sure you demonstrate and cite learning from the course resources or other credible sources. Look for opportunities to discuss your responses with classmates. Post your response in the discussion area.

2. wanted to point out several categories of ways that managers can motivate employees. The key to me is being able to use the correct motivation for everyone. Remember people are motivated by different reasons; determining which one to use is you hardest challenge.

  1. Authority: the manager’s legitimate hierarchical right to issue orders
  2. Assignment: the manager’s perceived ability to influence a worker’s later work assignments
  3. Budget: the manager’s perceived ability to authorize others’ use of discretionary funds
  4. Promotion: the manager’s ability to improve a worker’s position
  5. Money: the manager’s ability to increase a worker’s pay and benefits
  6. Penalty: the manager’s ability to cause punishment
  7. Work challenge: the manager’s ability to assign work that capitalizes on a worker’s enjoyment of doing a task
  8. Expertise: the manager’s perceived special knowledge that others deem important
  9. Friendship: the manager’s ability to establish friendly personal relationships between the manager and employees

3.Identify someone you admire as a leader. This can be anyone now or in history who has served a leadership role. Considering the concepts discussed the course materials, answer the following questions:

  • Why did you select this individual as a leader you admire?
  • What are/were this leader’s sources of power?
  • What influence tactics does/did the person use?
  • Which traits does/did the leader exhibit?
  • What behaviors does/did the person exhibit?
  • Considering the course concepts, what type of leader do you aspire to be?

4.how can you become better at situational leadership? Below is a list of quotes from experienced leaders that you can apply:

  • Margaret Wheatley: “Leadership is a series of behaviors rather than a role for heroes.”
  • Colin Powell: “Leadership is solving problems.”
  • Mahatma Gandhi: “I suppose leadership at one time meant muscles, but today it means getting along with people.”
  • John D. Rockefeller: “Good leadership consists of showing average people how to do the work of superior people.”
  • Margaret Thatcher: “You may have to fight a battle more than once to win it.”
  • John Wooden: “It’s what you learn after you know it all that counts.”

5.As you begin to prepare your responses to this week’s discussion, consider someone you view as a great leader and ask yourself how many of these characteristics do they express?

6.Leadership style is the manner and approach of providing direction, implementing plans, and motivating people. Below are some of the most common leadership styles, pick one and tell the class about it. Also, consider which one you fall under.

  • Autocratic leadership
  • Bureaucratic leadership
  • Charismatic leadership
  • Democratic leadership or Participative leadership
  • Laissez-faire leadership
  • People-oriented leadership or Relations-Oriented leadership
  • Servant leadership
  • Task-oriented leadership
  • Transactional leadership
  • Transformational leadership

7.What are some actions you can take to develop respect and trust with others?

[supanova_question]

[supanova_question]

250 Word Summary Criminal Law Business Finance Assignment Help

Answer the question below in 250 words or more. At the bottom of your summary provide two questions about the topic to encourage responses from my peers. PLEASE write in your own words. Plagiarism will not be accepted. Also, use the attachments provided to find your answer.

What is the difference between coincidental intervening acts and responsive intervening acts? Provide an example of each to support your answer.

Be sure to include APA text citation to cite your work – here is the APA citation for the text: Contemporary criminal law: concepts, cases, and controversies Matthew Lippman – Sage Publications – 2018 (THE POWER POINT CHAPTER THAT I PROVIDED IS FROM THIS BOOK). THIS IS THE ONLY SOURCE NEEDED FOR THIS ASSIGNMENT).

250 Word Summary Criminal Law Business Finance Assignment Help[supanova_question]

Legal Writing – External Brief Business Finance Assignment Help

In many legal settings you will be part of a legal team representing a
client. As a member of the team, what paralegal part of trial or
appellate brief writing would you volunteer to draft? Why? As the
newest member of the legal team what paralegal parts of trial or
appellate brief writing do you believe you could perform immediately?
Why? Perhaps you might consider sharing an experience (think team
sports, a comment by a teacher or mentor that you did a good job, a
similar project or job that you enjoyed doing etc.) you have had that
illustrates your point.

[supanova_question]

eating disorder research PPT work Business Finance Assignment Help

One ppt, one 400 words summary of each pages of ppt. PPT total page: 5-7.

Please read the instruction project requirement that I post in the attached file. Only need to do the Presentation PPT part. And write one 400 words summary of it. My topic is about: women eating disorder. need to focus on different aspect: maybe you want to explore the fact and number of eating disorders in US, and some other aspect of the psychology of women eating disorders. You will
also need to consider something related to both culture and social aspect. For example, do
attitudes toward eating disorders differ by cultural background or social status.

Please check the research project guidelines. And I post 2 examples, please follow the format. Need to make up some interview parts. Makeup some name and mention about what’s your interview question, what’s your interview results.

[supanova_question]

decision making, involves calculations do not bid if you are not sure Computer Science Assignment Help

DA Corp is a smart audio equipment manufacturer. The company has to decide if it should invest in developing a new product to be launched by the second half of 2019. The project requires an initial investment of either $1 million or $2 million in January 2019. However, the company does not know whether the product could be completed by June 2019 or not. The company believes that, if it invests $1 million in January 2019, the product will be completed in June 2019 with probability 0.6; if it invests $2 million instead, the product will be completed in June 2019 with probability 0.8.

If the product is not completed by June 2019, DA has the option to either invest another $2 million to continue the project or to terminate the project. If it does invest $2 million in June 2019, it will certainly finish the product by October 2019.

DA Corp has a competitor, Cyber Inc., who is working on a competing product. DAbelieves that Cyber is equally likely to finish its producteither by June 2019 or October 2019. DA will know with certainty in June 2019 whether Cyber has finished its product at that time or not.

If the two companies finish their products at the same time, they will each make $10million profits from marketing and sales. Otherwise, the one who finishes first will make $4 million profits from marketing and sales, and the one who finishes later will make only $1 million from marketing and sales. If a company does not finish a product, it will not make any profit.

Assume DA Corp is risk neutral. Ignores the effects of any time value of money in your analysis.

  • Draw a decision tree representing DA Corp decision problem. Determine the company’s optimal decision policy and certainty equivalent. (10 marks)
  • Plot the risk profiles for the company’s two initial decision alternatives on a common graph paper. (10 marks)
  • Is there any first or second order stochastic dominance among the two initial alternatives? Explain your answers. (5 marks)
  • What is the value of clairvoyance to DA Corp on whether Cyber Inc. will finish its product by the end of June 2019 or not? Show your computations. (10 marks)
  • John, an ex-employee of Cyber offers to help DA assess whether Cyber would complete the product by June or October 2019. However, as John had left the company months ago, his assessment will not be perfect. If Cyber can complete by June 2019, John will predict it correctly with probability 0.75. On the other hand, if Cyber completes the product in October 2019 instead, John will predict it correctly with probability of 0.9. How much is John’s assessment worth to DA? Show your computations (15 marks)

You may use computer software (treeplan and others) for your computations but you must show your workings in the submission.

[supanova_question]

Criminal Case Brief Assignment Business Finance Assignment Help

Write a Case Brief on the following case below:

  1. Commonwealth v. Berggren

For those of you who doesn’t know anything about criminal justice, law, case briefing and case analysis should not bid. Absolutely no plagiarism. Thanks

How to Brief a Case

A case brief is a dissection of a judicial opinion. It contains a written summary of the basic components of that decision. Briefing a case helps you acquire the skills of case analysis and legal reasoning. It also helps you understand it. Briefs help you remember cases for class discussions and assignments. Learning law is a process of problem solving through legal reasoning; case briefs, therefore, should not be memorized. Below are examples and explanations of the components of a case brief as to what this assignment should consist of and should look like. Thanks

1. Case Title and Citation

■ Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Services (Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S. 598 (2001) Case titles generally take on the names of the parties involved in the case. For example, in this case Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, Buckhannon Board is the party asking the Court to reverse a lower court’s holding; West Virginia Department of Health and Human Resources wants the Court to affirm that holding. A citation acts as the case’s “address.” There is a standard format for cases contained in the United States Reports (abbreviated U.S. in case citations). Therefore, in this case, the citation is 532 U.S. 598. This means that this case is found on page 598 of the 532nd volume of the United States Reports.

2. Procedural History

■ Procedural History

The Court of Appeals affirmed the District Court’s dismissal of the case and denial of attorney’s fees. The Supreme Court affirmed. The procedural history (or posture) states how the case got to the court that wrote the opinion that you are reading.

3. Facts

Facts

Buckhannon Board and Care Home, Inc. (“Buckhannon”), which operates care homes that provide assisted living to its residents, failed an inspection by the West Virginia Office of the State Fire Marshall because some of the residents were incapable of “self-preservation” as defined under state law. On October 28, 1997, after receiving cease and desist orders requiring the closure of its residential care facilities within 30 days, Plaintiff, on behalf of itself and other similarly situated homes and residents brought suit in federal district court against the state of West Virginia, two of its agencies, and 18 individuals. Plaintiff agreed to stay enforcement of the cease-and-desist orders pending resolution of the case and the parties began discovery. The district court granted West Virginia’s motion to dismiss, finding that the 1998 legislation had eliminated the allegedly offensive provisions and that there was no indication that the Legislature would repeal the amendments. Buckhannon then moved for attorney’s fees as the prevailing party. This section includes a brief overview of the relevant facts of the case that (a) describe the dispute at hand and (b) have brought the case to this point. Basically, you should answer the questions of who did what to whom and why. The facts of the case are often presented at the outset of an opinion of the Court, although sometimes they may describe through the opinion. It is also important here to note the holdings of the lower court(s) (i.e., the legal history of the case) so that you understand the decision of the Supreme Court when it “reverses” or “affirms.”

4. Issue

■ Issue

Is a prevailing party is entitled to attorney’s fees in Federal court when the prevailing party did not receive a judgment on the merits, but only prevailed because the lawsuit brought about a voluntary change in the defendant’s conduct. In this section, you identify the legal issue(s) addressed by the court. The legal issues should refer specifically to the facts of the case, but you should not phrase the issues as purely factual questions. Issues may involve substantive law or procedural law.

5. Ruling and reasoning

■ (Rehnquist, J.) No. The Supreme Court of the United States affirmed the appeals court’s ruling denying the motion for attorney’s fees. Although attorney’s fees may be granted to a prevailing party following a judgment on the merits, in addition to settlement agreements enforced through a consent decree, attorney’s fees are not warranted where there has not been a judicial determination altering the legal position of the parties. In the United States, parties are ordinarily required to bear their own attorney’s fees so that the prevailing party is not entitled to collect from the loser. However, Congress has passed laws permitting the shifting of attorney’s fees in numerous instances. In refusing to award attorney’s fees in this instance, though, the court stressed that its decision was consistent with prior decisions refusing to award attorney’s fees where the court issued a directed verdict against one party. The ruling and reasoning section includes what this court ruled, or, how the court answered the question (theoretically, the court’s application of the law to the fact of this specific case).

6. Dissenting or Concurring Opinion

■ Dissent

Justice Ginsberg dissented, in which he was joined by Justices Stevens, Souter, and Breyer. His dissent stressed that fee shifting should depend on the outcome of the case, i.e. whether the prevailing party received their desired outcome, regardless of whether or not a judicial decision existed to memorialize the outcome. Essentially, the dissent defined the term “prevailing party” in a practical sense, such clear that a party may be considered to have prevailed even when the legal action stops short of final judgment due to intervening mootness.

■ Concurrence

Justice Scalia concurred, in which he was joined by Justice Thomas. His concurrence focuses on the fact that a prevailing party cannot be one who left the courthouse empty-handed,

[supanova_question]

organizational questions – PLEASE FOLLOW APA writing style Writing Assignment Help

organizational questions – PLEASE FOLLOW APA writing style Writing Assignment Help

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