law 531t

law 531t

1. Use the following information to answer questions 1–5.

MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff.

How does the concept of strict liability apply to this situation?

 

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to strict liability.

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty of care.

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

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2. Bookmark question for later

How does the concept of strict product liability apply to this situation?

 

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to strict product liability.

o Even   if there is no defect in the product, the company may be responsible for   failure to warn users how the product should be used.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty of care.

 

3. Bookmark question for later

How does the concept of privity of contract apply to this situation?

 

o Even   if there is no defect in the product, the company may be responsible for   failure to warn users how the product should be used.

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached a contract with the customer.

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

 

4. Bookmark question for later

How does the concept of defective design/manufacturing apply to this situation?

 

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

o Product   liability torts require Rob to show that one or more of the design or   manufacturing elements is defective.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty to warn.

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to take care to avoid defective   design or manufacturing.

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5. Bookmark question for later

How does the concept of manufacturer’s duty to warn apply to this situation?

 

o Anyone   who is injured by a defective product may sue the manufacturer, merchants,   and all others who handled the product.

o When   companies sell defective products to consumers who are injured,   liability will result without having to show that the manufacturer   breached the duty to warn.

o While   using a collapsible hammer is a dangerous activity, it is not of the type of   danger that would subject MakerMan to warning consumers about the   product.

o Even   if there is no defect in the product, the company may be responsible for   failure to warn users how the product should be used.

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CMRJ341

CMRJ341

  1. Discuss the tests that are currently used to determine whether a person has fired or handled a firearm. Are these tests conclusive? Why or why not?

Currently there are two tests that law enforcement uses to determine whether a person has fired a firearm.  The first is where the hands are swabbed for gunshot residue.  Unfortunately, this type of testing cannot determine when and what type of firearm was used. The second type is to look for residue on a persons clothing.  This procedure can sometime prove valuable to determine the distance between the muzzle and the target. Often the residue is so minute that it will take a microscopic analyzation to include chemical testing.

There are limitations to residue testing.  It will not tell you the type of firearm that was used.  The good part is if bullets are found within the scene, they can be compared to other evidence and they can be traced to the type and caliber of the weapon. According to Brozek-Mucha (2017), the forensic expertise that may produce evidence of a person being involved in a shooting incident has always been the most demanding one and concerned the identification of particles as characteristic or consistent with gunshot residue.

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2. Explain in detail how you would collect the following impression evidence located at a crime scene:

a. A shoe print in dry dirt

A shoe print left in dry dirt is called an impression. Upon examination there could be damage such as cracks or rocks stuck in the tread. The wear characteristics will show damage, extreme wear or tread loss and how the person walked in them (leaning harder on one side or another). In dry dirt the casting method will be used. After taking photographs at a 90-degree angle (this helps with the sizing comparison), a powdery stone material will be mixed with water and poured straight in the impression. After drying the impression will be removed and appear to look like a 3-D model of the print itself. Further enhancement can be done by using a photoshop app, powder or chemical stain.

b. Tool mark on a windowsill

Tool marks happen when a tool meets another object or surface and leaves an impression. Suspects typically use wire cutters, crowbars and screwdrivers to cut and pry their way into windows and doors. All these tools leave distinctive marks that can be identified. If possible, the entire windowsill should be cut out and taken into the lab.  If you cannot do that take detailed photographs before you use liquid silicone casting to detail all the markings.  You will need the details so you can check for striations in the tool itself if recovered. It is also important to keep the tool and the mark in separate containers.

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c. Tire marks in soft earth

According to Byrd (2008), in order to recover larger, three-dimensional impressions such as tire marks in soft earth or muddy conditions, experts use casting. The process works in very much the same way as an orthodontist makes a model of a patient’s teeth: A substance is poured into the impression, hardened, and then removed, providing a cast of the print on the ground.

d. Shoe print on a loose piece of tile

This type of pattern evidence imprints can be collected by taking the entire surface area of the imprint. According to NFSTC (2013), examiners generally try to collect the entire object containing the imprint, such sheet of paper or cardboard with a shoe print.

e. Faint shoe print in dust on a colored linoleum floor

A shoe print that is barely visible can be collected using powders and chemicals, along with light sources to identify, and confirm the print. A lifting technique is used to transfer the imprint to another source, allowing for a clearer picture in the laboratory.

All evidence should be photographed at different angles before it is collected.

Kelly

Brożek-Mucha, Z. (2017). Trends in analysis of gunshot residue for forensic purposes. Analytical and Bioanalytical Chemistry409(25), 5803–5811. https://doi.org/10.1007/s00216-017-0460-1

Byrd, Mike. “Crime Scene Investigations: Other Impression Evidence.” Crime Scene Investigator. March 2, 2000. (June 30, 2008) http://www.crime-scene-investigator.net/otherimpressionevidence.html

National Forensic Science Technology Center (2013). A Simplified Guide to Footwear and Tire Track Examination. Retrieved from http://www.forensicsciencesimplified.org/fwtt/FootwearTireTracks.pdf

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10th Justice; Employee Arbitration Agreements

10th Justice; Employee Arbitration Agreements

(NEED ASAP 100% PLAGIARISM FREE)!!!!

All organizations in the country employ people. Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. The Supreme Court of the United States (SCOTUS) decided this year in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case: https://www.oyez.org/cases/2017/16-285

Click on the left hand side under “Opinions” for full details.

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CRMJ 521 WEEK 2 DISCUSSION

CRMJ 521 WEEK 2 DISCUSSION

Bloody Sunday

In the late 1960s, Irish Catholic activists calling themselves the Northern Ireland Civil Rights Association attempted to emulate the African American civil rights movement as a strategy to agitate for equality in Northern Ireland. They thought that the same force of moral conviction would sway British policy to improve the plight of the Catholics. Their demands were similar to those of the American civil rights movement: equal opportunity, better employment, access to housing, and access to education. This ended when mostly peaceful demonstrations gradually became more violent, leading to rioting in the summer of 1969, an environment of generalized unrest, and the deployment of British troops. After 1969, the demonstrations continued, but rioting, fire bombings, and gun battles gradually became a regular feature of strife in Northern Ireland.

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On January 30, 1972, elite British paratroopers fired on demonstrators in Londonderry. Thirteen demonstrators were killed. After this incident, many Catholics became radicalized and actively worked to drive out the British. The Irish Republican Army received recruits and widespread support from the Catholic community. In July 1972, the Provos launched a massive bombing spree in central Belfast.

Black September

When Leila Khaled and her comrades attempted to hijack five airliners on September 6 and 9, 1970, their plan was to fly all of the planes to an abandoned British Royal Air Force (RAF) airfield in Jordan, hold hostages, broker the release of Palestinian prisoners, release the hostages, blow up the planes, and thereby force the world to focus on the plight of the Palestinian people. On September 12, 255 hostages were released from the three planes that landed at Dawson’s Field (the RAF base), and 56 were kept to bargain for the release of seven Palestinian prisoners, including Leila Khaled. The group then blew up the airliners.

Unfortunately for the hijackers, their actions greatly alarmed King Hussein of Jordan. Martial law was declared on September 16, and the incident led to civil war between Palestinian forces and the Jordanian army. Although the Jordanians’ operation was precipitated by the destruction of the airliners on Jordanian soil, tensions had been building between the army and Palestinian forces for some time. King Hussein and the Jordanian leadership interpreted this operation as confirmation that radical Palestinian groups had become too powerful and were a threat to Jordanian sovereignty.

On September 19, Hussein asked for diplomatic intervention from Great Britain and the United States when a Syrian column entered Jordan in support of the Palestinians. On September 27, a truce ended the fighting. The outcome of the fighting was a relocation of much of the Palestinian leadership and fighters to its Lebanese bases. The entire incident became known among Palestinians as Black September and was not forgotten by radicals in the Palestinian nationalist movement. One of the most notorious terrorist groups took the name Black September, and the name was also used by Abu Nidal.

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Discussion Question:

Pick one of the following to answer.  Remember all of the required aspects to forums.

  1. What role do you think these incidents had in precipitating the IRA’s and PLO’s cycles of violence?
  2. Were the IRA’s and PLO’s tactics and targets justifiable responses to these incidents?
  3. What in your opinion, would have been the outcome in Northern Ireland if the British government had responded to the Irish Catholics’ emulation of the American civil rights movement?
  4. What, in your opinion, would have been the outcome if the Jordanian government had not responded militarily to the Palestinian presence in Jordan?
  5. How should the world community have responded to Bloody Sunday and Black September?

Resources for week 2

Article on the psychological profile of terrorist:  http://www.apa.org/monitor/2009/11/terrorism.aspx
Article casting doubts about any particular profile: http://www.homelandsecuritynewswire.com/dr20150512-terrorists-personality-traits-indistinguishable-from-traits-of-the-general-population-experts

MUST BE AT LEAST 500 WORDS

MUST HAVE AT LEAST 2 REFERENCES

MUST BE IN APA FORMAT

Chapter 2

The Nature of the Beast

Defining Terrorism

Understanding Extremism

Defining Extremism

  • Intolerance in what someone believes.
  • Intolerance in how someone expresses their beliefs.
  • Violent expression is not a universal characteristic.
  • Understanding Extremism
    (continued)

Common Characteristics of Violent Extremists

  • Moral absolutes.
  • Broad conclusions.
  • New language and conspiratorial beliefs.
  • The World of the Extremist
    • Different, often fantastic, worldview compared to non-extremists.
    • Basic belief that unjust forces are arrayed against true believers.
    • Clear sense of mission, purpose, and righteousness.

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Defining Terrorism an Ongoing Debate

  • Guerrilla Warfare
    • Terrorism is not synonymous with guerilla warfare
    • Guerilla translates to “little war”
    • Guerilla warfare exists today
  • A Sampling of Formal Definitions
    • The use of illegal force.
    • Subnational actors.
    • Unconventional methods.
    • Political motives.
    • Attacks on “soft” civilian and passive military targets.
    • Acts aimed at purposefully affecting an audience.
  • The American Context: Defining Terrorism in the United States
    • No single definition has been adopted.
    • Definitions have been developed from time to time by government agencies.
    • For example, by the Department of Defense, the U.S. Code, the Federal Bureau of Investigation, and the Department of State.
  • The American Context: Defining Terrorism in the United States (continued)
    • Composite American definition: “Premeditated and unlawful act in which groups or agents of some principal engage in a threatened or actual use of force or violence against human or property targets. These groups or agents engage in this behavior intending the purposeful intimidation of governments or people to affect policy or behavior with an underlying political objective.”
  • Types of Terrorism
    • A general consensus among experts about the types of terrorism.
    • State terrorism.
    • Dissident terrorism.
    • Religious terrorism.
    • Criminal terrorism.
    • International terrorism.

Perspectives on Terrorism

  • Perspective 1: Four Quotations
    • “One Person’s Terrorist is Another Person’s Freedom Fighter”
    • “One Man Willing to Throw Away His Life is Enough to Terrorize a Thousand”
    • “Extremism in Defense of Liberty is No Vice”
    • “It Became Necessary to Destroy the Town to Save It”

 

  • Perspective 2: Participants in a Terrorist Environment
    • The terrorist.
    • The supporter.
    • The victim.
    • The target.
    • The onlooker.
    • The analyst.
  • Perspective 3: Terrorism or Freedom Fighting?
    • Debate: Whether the use of political violence is justifiable.
    • Governments and dissidents always cite noble aspirations to justify violence.
  • Perspective 4: Extremism or “Mainstreamism”?
    • Debate: Whether political violence is always manifested from a political fringe.
    • Do some political environments make extremism justifiable within the mainstream?

The Political Violence Matrix

The Political Violence Matrix

  • Combatant and Noncombatant Targets
  • Indiscriminate and Discriminate Force
  • Case in Point: The Orlando Mass Shooting
    • The Terrorism Hate Crime Nexus
    • Recall the opening viewpoint
    • Religion-inspired mass shooting directed against a demographic group.

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Paralegal Certification Exam

Paralegal Certification Exam

Complete the “professional paralegals lexis advance master exam” by watching the five videos on the website linked above. Once the exam is passed screenshot the certification and send it to me as the assignment. The mastery exam needs to be passed with an 80% in order to get the certification with only 2 attempts.

There are 5 videos that needs to be watched to be able to answer the questions to the Mastery exam.

The videos are linked as follow:

Paralegal Student #1 intro to Lexis Advance 2019, Paralegal Student #2 Secondary sources on lexis on lexis advance 2019, Paralegal Student #3 Case opinions and agency decisions on lexis advance 2019, Paralegal Student #4 statues and regulations, Paralegal Student #5 Cite checking

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BUSINESS LAW ASSIGNMENT

BUSINESS LAW ASSIGNMENT

Please answer question 3 and 4 , short answer responses.

Question 3

 

Fred Sanguine is a New York City produce broker. Ned Santini is a 19-year-old college student who works for Sanguine from 4:00 A.M. until 7:00 A.M. each weekday before he attends classes at Pace University. Fred has instructed Ned on the proper packing of produce as follows: “Look, put the bad and small cherries at the bottom. Do the same with the strawberries and blueberries. Put the best fruit on top and hide the bad stuff at the bottom. This way I get top dollar on all that I sell.” Ned is uncomfortable about the instructions, but, as he explains to his roommate, “It’s not me doing it. I’m just following orders. Besides, I need the job.

Should Ned just follow instructions? Is the manner in which the fruit is packed unethical?

 

Would you do it? Why or why not? Is anyone

really harmed by the practice?

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Question 4 

 

Alan Gellen is the facilities manager for the city of Milwaukee and makes all final decisions on purchasing items such as chairs, lights, and other supplies and materials. Alan also makes the final decisions for the award of contracts to food vendors at event sites. Grand Beef Franks has submitted a bid to be one of the city ’s vendors. Alan went to school with Grand Beef ’s owner, Steve Grand, who phones Alan and explains that Grand Beef owns a condominium in Maui that Alan could use. Steve’s offer to Alan is: “All it would cost you for a vacation is your airfare. The condo is fully stocked with food. Just let me know.”

 

Should Alan take the offer? Would you? Be sure to determine which category of ethical values this situation involves and to apply several models as you resolve the question of whether Alan should accept the invitation.

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Please respond in 150-250 word count on case example below

Ann Elkin, who works for Brill Co., has been sent out to conduct two customer evaluations, which have gone much more quickly than Ann anticipated. Her supervisor does not expect Ann back until after lunch. It is now 10:30 A.M., and Ann would like to run some personal errands and then go to lunch before returning to work at 1:00 P.M.

Please answer the following questions related to the above-mentioned scenario:

(1) Should Ann take the time? Would you? Why or why not?

(2) Is this any different than if Ann was sitting at her office desk using a work computer to access her personal email, surf the internet, check social media or make personal phone calls on her work phone?

(3) Please consider the categories of ethical values and apply one or two models before reaching your conclusion. The model(s) must be mentioned in your post.

 

You must post an original comment of 150-250 words with citation to sources used, such as eText page references and/or credible websites)

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Legal Envir Business Essay

Legal Envir Business Essay

Write a paragraph or more for each numbered question below (and for each lettered sub-question where applicable).  Do not copy directly from the book–explain in your own words.  Do not use Google–do not plagiarize–use the material from the book.  PLEASE ATTACH ONLY ONE FILE FOR ALL QUESTIONS, and please label the question numbers/sub-questions.

(Chapters 16 and 17)

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1. Describe the three classifications of franchises–remember to use your own words/detail/examples per the instructions.

2. Discuss when and how members of an LLC can lose their limited personal liability as described in the book (meaning, when personal liability can be imposed on members of an LLC).

3. Discuss the different ways dissolution can come about for an LLC.

4. Discuss the process of “winding up” when an LLC is dissolved.

(Each numbered question is worth 25 points)

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Covert Action and Intelligence

Covert Action and Intelligence

Introduction
Choose a covert operation from those listed in chapter 2 and refer to the ProQuest Guide listed in the resources above.

Activity Instructions
Write an essay and analyze the operation you chose according to the categories listed on pages 20 and 21, technology, secrecy, oversight, and managing the community. How does the operation fit with the descriptions of the text and relate to the working concept of intelligence on page 10 in chapter 1?

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Writing Requirements (APA format)

  • 2-3 pages (approx. 300 words per page), not including title page or references page
  • 1-inch margins
  • Double spaced
  • 12-point Times New Roman font
  • Title page with topic and name of student
  • References page

Grading and Assessment
This activity will be graded based on the Written Analysis Grading Rubric.

Learning Outcome(s): 6
6.   Identify and explain the intelligence cycle and apply the cycle to various situations.

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11397 Deliver within 30 Hrs

11397 Deliver within 30 Hrs

Assignment Instructions

 

Week 6 Project Assignment

Individual Paper– Each student will choose three cases, each from a different chapter, from the readings in weeks 3 and 4 (Chapters 7, 8, 9, 10, 11, and 12). No students on a team will choose the same cases and there should be no duplicate cases.  A Reference page should be provided.

  • Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you need to use the material from the week’s lectures, text and/or discussions when responding to the questions.
  • Utilize the case format below:
      1. Read and understand the case. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one sub-heading to each following outline topic:
        • Facts [Summarize only those facts critical to the outcome of the case]
        • Issue [Note the central question or questions on which the case turns]
        • Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
        • Holding [How did the court resolve the issue(s)? Who won?]
        • Reasoning [Explain the logic that supported the court’s decision]
      1. Dedicate 1 sub-heading to each of the case questions immediately following the case. First, restate the question and then fully answer.
      2. Conclusion. This should summarize the key aspects of the decision and also your recommendations on the court’s ruling
      3. Include citations and a reference page with your sources. Use APA style citations and references.

 

Group Presentation– The group will meet and create a team presentation using narrated power point (or live for onsite classes). This will be a summary in order to contrast and compare the various cases selected by all team members and the law applied. Each student should participate in the Narrated Power Point. This requires each group member to pick a legal argument and use a case from the cases you have worked on to give context for your legal argument. Requires only two PPT slides. The legal concept you will use is Title VII to defend religious discrimination from chapter 11.

Chapter 7 Case: Vega v. Hempstead Union Free Sch. Dist.

Chapter 9 Case: Faragher v. City of Boca Raton

Chapter 11 Case: Trans World Airlines, Inc. v. Hardison (PPT case)

 

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Paper Rubric: 100 points (Each student graded separately).

Category Points Description:

  • Use of Case Format: 60 Points (20 points per case). Paper is clear and fully contains the facts, issues, applicable law, holding, reasoning and conclusion. The presentation contains well rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice. The paper incorporates the concepts of the chapter from which the case was chosen.
  •  Case Questions: 30 Points (10 points per case). Dedicates 1 subheading to each of the case questions immediately following the case. Restates the question and then fully answers.
  • APA Format: 10 Points.  Includes citations and a reference page with your sources. Use APA style citations and references

 

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Presentation Rubric (50 points). Group Grade will be assigned.

Category Points Description:

  • Learning Points Presentation: 30 Points. 10 Points per learning point or concept.  Presentation is clear, concise, professional, and easy to follow.  The presentation is well-rounded and the analysis reflects higher order thinking. The presentation should not just provide a conclusion or an opinion without explaining the reason therefore.
  • Research:10 Points
    Incorporate the concepts of the chapters we are studying and demonstrates research based on Internet and/or DeVry Library resources.
  • Project Format: 10 Points
    Presentation contains no spelling, grammar, typographical or formatting errors, graphics and charts are clear and legible. Writing quality is excellent – clear, organized and professional.

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Case Analysis #1 IDH

Case Analysis #1 IDH

1. What are Sherry Hunt’s values and motivations in this case? Do you share these values and motivations? How important (from the perspective of both personal well-being and organizational effectiveness) do you think it is for organizations to allow and encourage employees to voice their values and live their values in the workplace?

2. If you were Hunt at the end of the case, what course of action would you pursue? What person or what entity would you tell, how (e.g., by email, in person), and why? Be mindful of what motivates different stakeholders and therefore the resistance with which they may respond.

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3. Draft a short script of what you would say to that stakeholder that considers the promising arguments or action levers you might use in response to potential pushback.

  1. Situation (need to know in order to ask the right questions)
  2. Questions (not included in written response…but ask yourself these questions as you draft your essay)
    1. What’s the problem?
    2. What are the decision options?
    3. Who or what is being evaluated?
      1. What’s at stake?
      2. What’s the most important criteria for this sort of evaluation?
  • Hypothesis (not included in written response…but ask yourself these questions as you draft your essay)
    1. Tentative explanation that accounts for the set of facts/situation
    2. Can be tested by further investigation
    3. Which do you have most confidence in?
    4. Your Arguments
    5. Expresses WHY
  1. Position (pick a side)
    1. Expresses a conclusion
    2. Answers WHAT
  2. Proof & Action (prove your point & provide steps to accomplish)
    1. Prove something, not look for something to prove
      1. Supporting evidence for your position
      2. Persuade
    2. Action Plan
      1. HOW would you implement the decision you’re recommending?
        1. Short-term
        2. Long-term
      2. What are the risks?
        1. Discuss main risk & measures to manage
      3. Alternatives (what other views are out there?)
        1. Every position has a weakness
          1. What’s the strongest alternative to your position?
            1. Problem
              1. Can you define the problem differently?
            2. Decision
              1. What’s the biggest downside to your recommended decision?
  • Evaluation
    1. What’s another way to evaluate your overall assessment?
  1. What’s the weakest alternative to your position?
    1. Brief statement (1-2 lines)
  • Conclusion (restate your position and plan)

 

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