1. PA 401 Advanced Legal Writing

2.  Two discussion boards  Read chapter 7  Office hours are Friday from 1pm – 3pm EST  Last seminar: Wednesday, February 8 at 10pm EST  Final project due in Unit 9

3.  Requests due by Monday, February 13, 2012  Form located in Doc Sharing  Must have approximately 75% of coursework completed prior to the end of the term  Email me the following information:  Email me the following:  1. First and last name  2. Email address  3. Phone number  4. Course name and number  5. Instructor name  6. Reason for “Incomplete”

4.  Consists of case brief and memorandum of law  Make corrections, edit, and finalize Unit 3 and Unit 7 assignments  Due on Tuesday, February 14, 2012  Upload documents in one document or submit two separate documents

5.  Draft correspondence to clients/opposition  Edit and proofread contracts and pleadings  Research state and federal statutes  Work with state agencies re: regulations  Complete state, federal, employment forms

6.  Employment Law  Negligence (Torts/Personal Injury)  Agency  Partnership  Company Law  Intellectual Property

7.  Direct discrimination: person treated less favorably because of his/her sex or marital status  Harassment: someone’s actions have purpose/effect of violating another person’s dignity, or create a hostile, degrading or offensive environment  Indirect discrimination: behavior which doesn’t seem to treat people differently, but effect of behavior is discriminatory  Unfair dismissal: employer has to show that it was reasonable to dismiss employee

8.  EMPLOYEE  works in terms of a contract of service/employment  employer may be vicariously liable for the negligence  must have at least 1 year’s continuous employment  Protected under employment law against:  Discrimination  Unfair dismissal  Notice on termination of employment  INDEPENDENT CONTRACTOR  works in terms of a contract for services  no rights as employee  no unemployment compensation  responsible for own taxes from paychecks

9.  Tort = wrongdoing that results in injury to another person or damage to another's property  Negligence = tort which aims to give compensation to an injured party  Defendant can only be liable for foreseeable consequences  Elements claimant must prove: 1.Duty of care owed by defendant 2.Breach of that duty by defendant 3.Breach resulted in injury/damage to claimant

10.  Defendant may be able to reduce his liability or avoid liability by pleading one of the following defenses  Contributory Negligence  Where some action by claimant contributed to his injury  Reduces amount of compensation which defendant has to pay  Volenti Non Fit Injuria  Claimant consented to his injury or risk of injury  Doesn’t mean that defendant can behave recklessly

11.  Employees have right to sue employer if they are injured at work due to negligence of employer arising out of course of employment  Employer’s duty of care means providing:  competent staff  safe plant and equipment  a safe place of work  a safe system of work

12.  Vicarious Liability = employer can be held liable for negligence of employee  Claimant needs to show the following: 1.Person who injured you was negligent 2.Person was employee (that is, s/he had a contract of service) 3.Employee caused your injury during the course of their employment

13.  Agency = person authorized to represent another person, who is called the principal  Agent creates legal relationship between the principal and a third party  Principal/agent relationship can be created in # ways:  Express Appointment  Ratification  Implication  Necessity  Estoppel

14.  Partnership = relationship between two or more people carrying on a business in common with a view to profit  One of the three ways of owning a business (others = sole proprietorship and company)  Partnership can have its own name and sue and be sued in that name  Partners = agents for their firm and other partners, so the rules from the law of agency apply

15.  Company = body corporate or corporation  Companies have their own separate identity  Company doesn’t end due to death/bankruptcy of its members  Business property is owned by company and not its shareholders  Court actions and Contracts Company can sue and be sued in its own name Company can enter into contracts in its own name  Liability in tort and crime Company can be vicariously liable for the negligence of its employees Companies can be convicted of crimes

16.  Includes:  Trademarks = words/design used to distinguish goods & services of person/organization from others in industry  Copyrights = rights derived from original literary, dramatic, musical, or artistic work when it’s created  Patents = inventions or new & useful improvement of existing invention  Background in science or engineering helpful

18.  Two discussion boards  Read chapter 7  Office hours are Friday from 1pm – 3pm EST  Last seminar: Wednesday, February 8 at 10pm EST  Final project due in Unit 9