Part 1. Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions: If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. In which state or states can the suit be brought? Assume that Javier incurred $100,000 in damages. Analyze whether the suit can be brought in federal court Explain the advantages and disadvantages of federal versus state court for this type of suit. Case 1. Javier is traveling from his home in New York to Dallas, Texas. While driving through Oklahoma, his brakes fail and he is injuredin the ensuing crash. Javier wants to sue the maker of his car, Energy-Auto Inc. Energy’s headquarters is in New York. It does not haveany dealerships in Oklahoma or do any advertising in Oklahoma. Part 2 In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions: Did the Pahler court use the same reasoning as used in Bailey v. Eminem? Should the court’s decision in Pahler be different because a young girl was murdered? Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans. Slayer lawsuit thrown out (Links to an external site.). (2014, January 24). ABC News. Retrieved from https://abcnews.go.com/amp/Entertainment/story?id=… N THE MEDIA: EMINEM’S LYRICS—FREE SPEECH OR DEFAMATION? In 2009, Eminem received the “Best Hip HopVideo” award at the MTV Video Music Awards.The rapper is known for his strong lyrical style. Jason DeCrow/Associated Press Marshall Mathers, better known as the rapper Eminem, is one of the best-selling hip hop artists of all time. He has sold over 85 million albums, all with theparental advisory warning stamped on the front. Drawing inspiration from his own,evidently difficult upbringing, Eminem has rapped about his mother, his ex-wife, aformer schoolmate, and even his fans, in his notoriously abrasive style. As a result, hehas been involved in numerous lawsuits for defamation. Classmate DeAngeloBailey sued Eminem in 2002, alleging that he was the subject forthe song “Brain Damage” from Eminem’s 1999 debut album, The Slim Shady LP. “BrainDamage” is about a childhood bully who is physically violent with little Marshall, and itincludes the following lines: “I was harassed daily by this fat kid named DeAngeloBailey. [. . .] [E]very day he’d shove me in the lockers. One day he came in thebathroom [. . .] and beat me into submission.” AlthoughBailey was working insanitation when he filed the million-dollar suit,Bailey claimed that Eminem’s lyricaldisparagement cost him a career in music. In 2003, the lawsuit was dismissed in a 14-page ruling, but not without Michigan trial judge Deborah A. Servitto finding her ownlyrical voice. In footnote 11 of the order of dismissal, Judge Servitto wrote thefollowing gem: “To convey the Court’s opinion to the fans of rap, the Court’s researchstaff has helped the Court put the decision into a universally understandable format: Mr.Bailey complains that his rep is trash. So he’s seeking compensation in the form of cash. Bailey thinks he’s entitled to some monetary gain Because Eminem used his name in vain. Eminem saysBailey used to throw him around Beat him up in the john, shoved his face in the ground. Eminem contends that his rap is protected By the rights guaranteed by the first amendment. Eminem maintains that his story is true And thatBailey beat him black and blue. In the alternative he states that his story is phony And a reasonable person would think it’s baloney. The Court must always balance the rights Of a defendant and one placed in a false light. If the plaintiff presents no question of fact To dismiss is the only acceptable act.” The First Amendment’s protection of the freedom of speech includes certain speech or communication that might seem to behurtful, particularly when what is being expressed are opinions or, in this case, opinions as lyrics to a copyrighted song. Of course,asserting as fact something that is objectively false would not be protected by the Constitution and would be defamation. Multimedia Rock ‘n roll murder: When lyrics lead to violence (Links to an external site.) [Video file]. (n.d.). Retrieved from http://digital.films.com/OnDemandEmbed.aspx?Token=…
Mastering the Art of Online Learning: Your Guide to Acing Online Courses
Introduction
In recent years, the popularity of online courses has skyrocketed, offering learners the flexibility to acquire new skills and knowledge from the comfort of their homes. However, succeeding in online courses requires a different approach compared to traditional classroom settings. To help you make the most of your online learning experience, this article presents essential strategies and tips to ace your online courses.
1. Set Clear Goals and Plan Ahead
Before embarking on an online course, establish clear goals and objectives. Determine what you hope to achieve by the end of the course and break down your goals into manageable milestones. Create a study schedule that aligns with your other commitments, ensuring you allocate dedicated time for coursework, assignments, and revision.
2. Create a Productive Study Environment
Establishing a conducive study environment is crucial for online learning success. Find a quiet, well-lit space where you can concentrate without distractions. Remove any potential interruptions, such as notifications from social media or email. Organize your study materials and have a reliable internet connection to ensure seamless access to course materials.
3. Actively Engage in the Course
Active participation is key to mastering online courses. Engage with course materials, including videos, readings, and interactive components. Take comprehensive notes, highlighting key concepts and ideas. Participate in discussion boards, forums, and virtual meetings to interact with instructors and peers, fostering a sense of community and enhancing your understanding of the subject matter.
4. Manage Your Time Effectively
Online courses offer flexibility, but it’s essential to manage your time wisely to avoid falling behind. Create a detailed schedule, allocating specific time slots for coursework, assignments, and studying. Break down larger tasks into smaller, manageable segments to prevent procrastination. Prioritize tasks based on deadlines and dedicate focused time to each one, ensuring consistent progress throughout the course.
5. Develop Effective Communication Skills
Online courses often rely on written communication, making it crucial to hone your skills in this area. Be concise and clear in your written responses, paying attention to grammar and spelling. Actively participate in discussions, asking thoughtful questions and providing constructive feedback to your peers. Regularly check your course emails and notifications, ensuring you stay updated with any important announcements or changes.
6. Utilize Available Resources
Take full advantage of the resources provided by your online course platform and instructors. Familiarize yourself with the learning management system (LMS) and explore its features. Access supplementary materials, such as textbooks, lecture slides, and external resources recommended by instructors. Utilize online libraries, research databases, and tutorial services to deepen your understanding of the subject matter.
7. Stay Motivated and Engaged
Maintaining motivation throughout an online course can be challenging, particularly when faced with competing priorities or a lack of face-to-face interaction. Set short-term goals and reward yourself upon their completion. Connect with fellow learners through virtual study groups or online forums to foster a sense of camaraderie. Regularly remind yourself of the benefits and personal growth associated with completing the course successfully.
8. Seek Support and Clarification
Don’t hesitate to seek support or clarification when needed. Reach out to your instructors for guidance or clarification on course material. Utilize online discussion forums to ask questions or engage in collaborative problem-solving. Leverage the support services provided by your course platform or institution, such as technical support or academic advising.
Conclusion
Online courses present unique opportunities for self-paced learning and personal growth. By setting clear goals, creating a productive study environment, actively engaging with course materials, and managing your time effectively, you can maximize your chances of acing online courses. Remember to stay motivated, seek support when needed, and make the most of the available resources. Embrace the flexibility and adaptability of online learning to achieve your educational goals.
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