Funny face!!!!! please read!!!!!!!!!!!!!!

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Looking to have this work done AGAIN. It was submitted several times and never passed what the professor was requesting. I will include the copy I last submitted to the profesor, a copy of the instructions, and finally the feedback from the professor with what is missing on this assignment. The assignment is almost completed. Looking for someone to correct what needs correction following the feedback from the professor. 

ELEMENTS OF US LEGAL SYSTEM FEEDBACK

1) Describes the rules of jurisdiction to the facts of this case and determines what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively; includes applicable rules and jurisdiction related to federal and state law. NOT MASTERED!!!!

Criterion Feedback

4.26.21: See feedback below. There is still no information on personal jurisdiction, subject-matter jurisdiction, and diversity jurisdiction. Keep in mind that a court must have both personal and subject-matter jurisdictions in order to rule on a case. Additionally, be sure that you address jurisdiction as it relates to the states.

Refer to the resources: Unit Resources: Jurisdiction in a Federal System

4.24.21: To master this criterion, be sure that you also address personal jurisdiction, subject-matter jurisdiction, and diversity jurisdiction. Keep in mind that a court must have both personal and subject-matter jurisdictions in order to rule on a case. Lastly, be sure that you address jurisdiction as it relates to the states.

Refer to the resources: Unit Resources: Jurisdiction in a Federal System

4.16.21: You’re off to a good start here as well. To master this criterion, be sure that you also address personal jurisdiction, subject-matter jurisdiction, and diversity jurisdiction. Keep in mind that a court must have both personal and subject-matter jurisdictions in order to rule on a case. Lastly, be sure that you address jurisdiction as it relates to the states.

Refer to the resources: Unit Resources: Jurisdiction in a Federal System

2) Describes the role of state and local court systems in passing and enforcing the legislation; compares the roles of federal, state, and local court systems in hearing cases. NOT MASTERED!

Criterion Feedback

4.26.21: You’re making good progress here but need to review some of your information. For example, when you say, “local courts”, are you referring to actual local courts or are you referring to federal courts?

Please review your information on the court systems to ensure that your information is clearly and correctly written.

4.16.21: To master this criterion, please be sure to describe the role of state and local court systems in passing and enforcing the legislation associated with the company’s case. Compare the roles of federal, state, and local court systems for their roles in hearing cases. Include what laws and regulations are determined by state and local court systems, and what impacts would these have on the case?

Refer to the following Learning Resource: Unit Resources: Jurisdiction in a Federal System.

3) Analyzes the advantages and disadvantages of two types of ADR appropriate for this case; explains which type each party (Funny Face, Novelty Now, and Margolin) would prefer and why, defining the characteristics of each. NOT MASTERED!!!

Criterion Feedback

4.26.21: See feedback below. I encourage you to utilize the Learning Resource that I recommended. You will need to identify two specific types of ADR such as mediation, arbitration, etc…and then discuss the strengths and weaknesses of each one.

4.16.21: Please review your information in this section. Your current information is not correct. Be sure that you have a solid understanding of Alternative Dispute Resolution (ADR). To master this criterion, analyze the advantages and disadvantages of two types of ADR appropriate for this case. Including: What are the characteristics of each type of ADR you analyze, and why are they appropriate for this case? Which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why?

Refer to the following Learning Resource: Unit Resources: Litigation and Alternatives to Resolving Disputes.

4) Lists sources where needed using citation methods with no major errors. NOT MASTERED!!!!

Criterion Feedback

4.16.21: You’re doing a good job here, but since there is more information needed, I will hold off reviewing this criterion for now. Please refer to the link “Citation Help” in the Supporting Materials.

https://web.archive.org/web/20190105170203/https://app_usa_prod_eqffnyamdzrb.s3.amazonaws.com/SupremeCourt508PDFarrows.pdf

https://judiciallearningcenter.org/state-courts-vs-federal-courts/

https://judiciallearningcenter.org/levels-of-the-federal-courts/

https://judiciallearningcenter.org/the-us-supreme-court/

https://scholar.flatworldknowledge.com/books/30461/lau-ch04/read

https://learn.snhu.edu/d2l/le/content/647171/viewContent/11343712/View


POL-10067-XA161 Elements of US Legal System

TO: Katie O’Connor

From: Walter Joffre Jr.

Date: April 11th, 2021

RE: Funny Face Case

The legal process first begins with first understanding how the legal system of the United States of America works. The nation consists of two major systems of the government that is the federal and state. Each of these systems has its own set of laws. There are four sources of the law in which the federal and state system compose of, these sources are the constitutions, statues and ordinances, rules and regulations and finally the case law. Among the federal and state laws there also consists of three branches which are divided due to the separation of powers doctrine. These branches are the legislative, executive and judicial. The above-named branches are the ones that are responsible for creating the remaining sources of law. The legislative branch is responsible for enacting laws which are known as statues and ordinances, the executive branches enforce and ensure implementation of the laws by ensuring that rules and regulations are followed by every citizen. The judicial branches interpret these laws and is also responsible for making decisions concerning cases and issuing the written opinions. At both the federal and state level of the system, the law made in the United States was mainly derived from the common law system.

This law was in force during the period of the revolutionary war. This therefore means the system relies on court precedent in formal adjudications.

The Federal Food, Drug and Cosmetic Act under the consumer protection branch has mandate to protect the public health and safety in general in a quite variety of ways. It has the power to forbid the manufacture or distribution of either food, drugs or medicinal services and cosmetics that may cause harm to citizens. Violating rules under public health in the United States has consecutive serious penalties and are handled by the executive branch.

In accordance to the rules made to guide jurisdiction, a lawsuit is allowed and can be filed against any individual depending to the place where they live or conduct their business activities (Ryngaert, 2015). Therefore Chris, Ian and Matt who in this case live in California and conduct business in Florida. The rules of jurisdiction hence allow Donald Margolin to stand the chance of filing the lawsuit in the federal court of either California or Florida accordingly against them. However due to the laws termed in jurisdiction states that the case against the business can only be handled in Florida. This brings up the best opportunity and step to take is by filing the lawsuit in Florida. Other methods that can be applied to handle this case is by considering the Alternative Dispute Resolution which has the benefit of giving a chance for every party opinion to be considered in regard to weaknesses and strengths of the arguments presented and also evidence. Another form of procedure applicable in such a case is the ADR. This method is the best to consider implementing such cases and related one since it has option of offering binding and non-binding as contrary to the which does not have such options. Other benefits of choosing this method is that it results to avoiding wastage of time, it is also less formal and has also fewer rules when presented to the court. It also promotes fairness to both outcomes and the entire process; it provides that chance for accessibility and also neutral quality together with space for self-determination that is mediation process. However, the substitution of PYR during the manufacturing process of the Funny Face was led by Chris and Novelty then accepted to consider the act of including the PYR and it is not approved and allowed by FDA. This hence makes both parties responsible for allowing the production but on the website case by Funny Face statement excludes both Chris, Ian and Matt from any legal penalties of using the product manufactured. The repercussions will now have to be shifted back to Novelty Now. Despite repercussions shifting to Novelty Now, the FDA is able to sue this arrangement between the parties for not following rules in accordance of public health matters of using products that are already approved and termed as not dangerous by the organization which causes harm. In this situation, Margolin can decide to seek out for aid from FDA which are associated with specific effects which must be proved right by laws of PYR.

The role played by state and local court systems have their criminal responsibility under which power is under them. These includes the criminal responsibilities that are determined by judges in this case. The purpose of their existence being t administer justice fairly and administer penalties after discovering the truth from the true evidence collected. They also administer legal conflicts concerning parties and find justice by strictly adhering to the rules and regulations made. The local court are involved in cases in which involve the violation of the United States constitution and federal laws too, this is under jurisdiction. They also administer justice in cases that involve cases in between citizens of different states, copyright, maritime law and also patent related cases. The state courts have a higher level of ranking in jurisdiction and deals with cases that involve traffic violations, broken contracts and family disputes while the federal court hears cases that involve the United State as a party, cases that involve violations of the United states constitution or the federal laws, cases which involve disputes in between different state members and bankruptcy cases.

The litigation system does rely on parties on defending various claims, the plaintiff party is the party which begin the lawsuit especially in a civil case. This party brings in suit against the defendant party in this case or the perpetrator. This party in also involved in initiation of the litigation process in a criminal trial in the prosecution and representation the different citizens of the State. In cases that involve many plaintiffs, the civil procedures enable making it easy for both parties involved in the cases that is the accuser and the defendant to say out the expectations against each other. The plaintiff party generally can be termed as the party which brings a legal action or rather party which a name is brought forward to it different from the defendant which is the party that is being sued.

In the process of carrying out business activities it is important to consider future implications of not adhering to the rules and regulations spelled out by the government. The ethical sector of it aids so much in the process of determining the side which you fall to as a company or as an organization in between the right or the wrong side. Despite such events of tough decision making to either violate rules inn order to benefit as a company or to follow rules and make clean profit, it is advisable for the firms in different sectors to always tell the truth of the products they manufacture together with the ingredients used to make their product. The Funny Face product should be manufactured using the correct and approved raw materials. The organization need to consider the welfare and health of the customers who buy and consume their products. The firm has the chance to ethically consider compensating Margolin in this case is the PYR to be termed as the main cause of the negative implications that caused the implications. In the other sectors that is the marketing of Funny Face product, it is advisable for the firm to embrace and encourage honesty and transparency in regard to advertising their product, its ingredients, use and side effects.

reference

Armstrong, K. B., & Staman, J. A. (2018, February 9). Enforcement of the Food, Drug, and

Cosmetic Act: Select Legal Issues. Retrieved from https://fas.org/sgp/crs/misc/R43609.pdf.

Bonner, M. (2019, September 5). Federal and State Consumer Protection Laws May Affect

Your Business. Retrieved from

https://www.thebalancesmb.com/how-consumer-protection-laws-affect-businesses-

4161325

CPSC. (2019, April 24). Step 6: Best Practices. Retrieved from

https://www.cpsc.gov/business–manufacturing/business-education/business-

guidance/BestPractices.

Jurkowski, S. (2017, June). Subject matter jurisdiction. Retrieved from

https://www.law.cornell.edu/wex/subject_matter_jurisdiction.

The Judicial Learning Center. (2019). State Courts vs. Federal Courts. Retrieved from

https://judiciallearningcenter.org/state-courts-vs-federal-courts/.

UpCounsel, Inc. (2019). What Is the Meaning of Litigation in Law? Retrieved from

https://www.upcounsel.com/meaning-of-litigation-in-law.

UpCounsel. (2019). What Are the Advantages and Disadvantages of Arbitration? Retrieved

from

https://www.upcounsel.com/what-are-the-advantages-and-disadvantages-of-arbitration.

USAGov. (n.d.). Branches of the U.S. Government. Retrieved from

https://www.usa.gov/branches-of-government.

Competency

In this project, you will demonstrate your mastery of the following competency:

· Describe the foundational elements of the U.S. legal system and the relationships among them

Scenario

You are a new attorney, and you have been tasked with writing a legal memorandum for Funny Face’s case. The senior attorney, Katie O’Connor, has asked that you prepare a legal memo that frames the context of the situation and discusses alternative dispute resolution and business impacts to inform the business owners. Your memo should advise the senior attorney on the best option for Funny Face.

About the Company

Chris, Matt, and Ian, who live in California, decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with Novelty Now Inc., a company based in Florida, to manufacture and distribute the product.

Product Information

Chris frequently meets with a representative from Novelty Now to design the product and plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a low-cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA-approved. Funny Face is marketed nationally on the radio and in newspapers, as well as on the web and Facebook.

Case Information

Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After he uses it once, his face turns a permanent shade of blue. Donald Margolin files a suit in the state of New York against Novelty Now Inc. and Chris, Matt, and Ian, alleging negligence and seeking medical costs and compensation for the damage to his face and business reputation. It is discovered that PYR caused Margolin’s skin discoloration. The website for Funny Face states that anyone buying their product cannot take Chris, Matt, and Ian to court. Novelty Now’s contract with the three men states that all disputes must be brought in the state of Florida.

Applicable Legislation

The FDA is in charge of carrying out the statutes’ mandates to protect consumers from harm. Imagine that the following statute is in place related to cosmetics:

Harmful Products: A product will be deemed to be harmful in the following situations:

a. If it contains elements that are poisonous substances that may render the product harmful to one’s health

b. If it is stored under unsanitary conditions where the product may have become contaminated and unhealthy

Directions

Funny Face is committed to taking action to continue operations and preserve jobs in the company. In your memo, you will discuss elements of the U.S. legal system and their impacts on business.

· Context: Katie has asked you to provide background about the legal process that would be important for stakeholders to know.

· Explain which branches of the U.S. legal system would likely be involved in this case, and describe the branches’ relationship to one another. In your response, consider the following:

· What impacts or involvement would each branch have, including the impacts of relevant laws?

· Are there any branches of the U.S. legal system that would not be involved in this case. Why?

· Describe the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively. Include in your description applicable rules and jurisdiction related to federal and state court, including subject matter jurisdiction.

· Describe the role of state and local court systems in passing and enforcing the legislation associated with the company’s case. Compare the roles of federal, state, and local court systems for their roles in hearing cases. In your response, consider the following:

· What laws and regulations are determined by state and local court systems, and what impacts would these have on the case?

· Describe the parties involved in the litigation and their roles. Specifically, describe the plaintiff and the defense and their roles in the litigation process.

· Discuss likely reasoning for the legislation for supporting the Funny Face owners in understanding the legislation and helping them avoid similar cases in the future. Consider the following in your response:

· What information would help the owners better understand the legislation?

· How would this information help the company owners make better decisions in the future?

· Alternative Dispute Resolution: The stakeholders have also asked about alternative dispute resolution (ADR); they are not sure if this an option for them or, if so, what types of options they have available. Katie has asked you to explain and provide recommendations for ADR processes.

· Analyze the advantages and disadvantages of two types of ADR appropriate for this case. Include the following in your response:

· What are the characteristics of each type of ADR you analyze, and why are they appropriate for this case?

· Which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why?

· Business Impacts: For the final section in your legal memorandum, Katie has asked that you highlight potential business impacts that the case could have:

· Explain ways the case could positively or negatively impact the business if the lawsuit is successful or unsuccessful. Include the following in your response:

· What are the potential impacts of both situations?

· What information would be useful for informing stakeholders of potential impacts?

· Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense. Apply concepts of criminal law and discuss the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now. Discuss how the impact would be different if the case were determined to be a civil offense instead.

What to Submit

Every project has a deliverable or deliverables, which are the files that must be submitted before your project can be assessed. For this project, you must submit the following:

Legal Memorandum
In the project for this course, you will take on the role of a junior attorney. Your role in the legal memorandum is to provide context about the legal situation and recommend appropriate legal approaches. You will provide this to the senior attorney, Katie O’Connor. Your legal memorandum must be 3 to 5 pages in length.

Be sure to include the following header when you submit your legal memo:

TO: Katie O’Connor
FROM: <Your name>
DATE: <Date submitted>
RE: Funny Face Case

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