Legal Writing

16 What is the difference, If any, between the offences of assault and battery. Battery requires D to have made some physical contact with V; whereas assault requires Dto have caused more than transient or trifling harmo Assault requires to have made some physical contact with V: whereas battery requires D to have caused more than transient or trifling harm to V. Battery requires to have made some physical contact with V, whereas assault merely requires D to have caused V to apprehend such contact. There is no difference: the labels are interchangeable and mean the same thing Assault requires to have made some physical contact with V. whereas battery merely requires to have caused V to apprehend such contact 00000 Previous

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

24. Interpret below budgetary terminology: a) Budget Period or Planning Period b) Data c) Assumptions d) Projections and Predictions e) Variances f) Estimates and Forecasts g) Periodising

1. Define "Management" and discuss main management responsibility levels within the shipping industry, with examples. Outcome 1 In the context of Management Theory

Match the definition that describes each of the three visitor status prior to this case one who goes onto another's premises in response to an express or implied invitation and does so forChoosethe mutual benefit of both the owner and himself one who enters onto another's premises with the possessor's permission, express or implied, solelyChocfor his own purposes rather than the possessor's benefit one who enters another's premises without permission or other right

Sonments/7711 4 1 point Inlass of control, the final test-D's loss of self-controll must be objectively understandable-dictates that which clreumstances of D can be attributed to the reasonable person? J 0 Only D's age, but not D's sex is relevant in building up the context of the triggering event, and then determining O's capacity for tolerance and self-restraint in the context of that triggering event 0 0 0 0 Only D's age and sex are relevant in building up the context of the triggering event, and then determining O's capacity for tolerance and self-restraint in the context of that triggering event. in building up the context of the triggering event, all of D's circumstances are relevant. But only D's age and sex are then relevant to determining O's capacity for tolerance and self-restraint in the context of that triggering event. All of D's circumstances are relevant in building up the context of the triggering event, and then determining O's capacity for tolerance and self-restra” in the context of that triggering event. None of D's circumstances are relevant in building up the context of the triggering event, and then determining Discapacity for tolerance and restr of that triggering event. Previous in the cont Next

Which of the statements below does not characterize the holding of the case? O a. landowners have imposed upon them only the duty to exercise reasonable care in the maintenance of their premises for the protection of lawful visitors O b. a trespasser is only protected from willful injury inflicted upon him or her by a landowner O c. stare decisis may be discarded after light analysis

21. Discuss the objectives, procedures and frequency of staff appraisals in the shipboard environment.

2. Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's court-appointed lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing. 2a. Identify any issues involving the actions of the police and judge. How should these issues be addressed by Sam's lawyer and how should they be resolved by a court? (25 points) 2b. What if Sam did not own the home that he was living in, and in fact, the home had beenabandoned before Sam broke in and established his growing operation? In what way, if any,does this change your answer to 2a? (10 points)

3. Describe the characteristics of information required by ship's senior officers to take their decisions as Operational Managers.