Most states make it a crime to purchase alcohol for a minor, sometimes called the shoulder tap crime, based on the typical manner a request by a minor for an adult to buy alcohol occurs. These crimes generally do not require proof that the defendant knew the person was underage.
· Should the same strict liability apply to a host of a party that is attended by both adults and minors, where alcohol at the private party is furnished to both?
· Should a host be able to offer evidence that he reasonably believed the minor was old enough to drink?
· Would it help your case if the jurisdiction made such a defense available to bars and liquor stores that required buyers to provide proof of age?
· Use the following case to help guide your analysis:
California Criminal Jury Instructions
Your analysis should be a minimum of two pages in length and follow APA formatting and citation guidelines.
This assessment item must be submitted to the Turnitin portal on the course Canvas site by Thursday 2 June 23:59 pm. Any paper that is not submitted through the Turnitin portal by this time without an extension is subject to late penalties.
Late penalties set out in the LAWS6086 Course Outline will be applied where the assessment item is submitted after the due date/time and no extension of time is granted in accordance with the University’s Adverse Circumstances policies and procedures.
All work (including references) shall be presented and formatted in accordance with the requirements of theAustralian Guide to Legal Citation (4th ed, 2018). A Bibliography is NOT required for the purposes of this assessment task.
The absolute word limit will be 2000 words, meaning that the word limit is 1818 words ± 10% = 2000 words maximum. A word limit restriction will not apply to each question.
Footnotesmustonlybeusedtoprovide references, not substantive commentary. Footnotes will not be counted when determining the total number of words in a paper, as long as they only contain citation information. However, all other words (including headings) will be counted when determining the total number of words in a paper.
Please contact the Course Coordinator for this part of the course if you have any questionsregarding this assessment item atsuzana.nashkova@newcastle.edu.au).
ASSIGNMENT QUESTIONS
All of the below questions are compulsory.
QUESTION 1 [ 25 marks]
Aria Welsh is an owner of a small business located in Newcastle called “Well-Shness”. She invented what she believes is a unique water bottle called “A-Well” and is interested in protecting her “invention” by applying for patent protection in Australia. As an entrepreneur, Aria understands that patenting is an expensive process and is hence not sure if she has the financial ability to make such an investment given that her business is small and not very profitable. Aria is aware that trade secret protection may be a better alternative from a financial point of view, but she also knows that “A-Well” can be easily reverse engineered, so relying on a de facto secrecy monopoly might not benefit her in the long term.
Ariahas heard from one of her friends that you are a lawyer who has a good knowledge of Australian Patent law and you have previously done an internship in a patent attorney’s office.She has scheduled a meeting with you to discuss the details of “A-Well” hoping to get a “provisional assessment” as to whether her “invention” can meet the requirements and obtain a standard patent in Australia. In the course of your discussion, she informs you that her water bottle includes a specialfeature that enables users to place and keep their phones in a cavity integrated into the water bottle. She further notes that the water bottle has integrated a phone charging apparatus connected to an inbuilt power bankthat enables users to charge their phone when the same is placed in the cavity. Before your meeting ends, Aria informs you that there are a few similar products in the market, however, “A-Well”has some essential componentsthat are unique.
Considering the facts in this scenario, addressthefollowingtwo (2) questions
Question1(A) = [12.5 marks]
Discuss the manner of manufacture requirements prescribed under the Patents Act 1990 (Cth)and advise Aria if “A-Well” could potentially fall within the concept of manner of manufacture according to this Act; and
Question1(B) = [12.5 marks]
B) Discuss the applicability of the requirements under Section 7.2 of the Patents Act 1990 (Cth) and explain to Aria the steps a patent attorney will need to follow to prove to IP Australia that “A-Well” meets the inventive step requirements.
In your answer, make sure you refer to the appropriate legislation, case law and/or regulative provisions.
[Total for question one _/25 marks]
QUESTION 2 [ 25 marks]
Josh White is the owner of a well-known restaurant in Sydney called “La Mange”. The restaurant was established by Josh’s grandfather and has been operatingsuccessfully for more than 60 years. The success of the restaurant has been attributed to the special sauce called “La Saveur”which the White family has been using when serving seafood. Many customers have over the years inquired about the “La Saveur”ingredients, yet the White family kept it as a trade secret and never disclosed the recipe to anyone except for their two chefs under a strict confidentiality agreement.
“La Mange”has a very nice and spacious outdoor setting, which can be easily adapted as an open-air cinema. On Sunday, 15January 2022, the restaurant was due to host around 150 guests for a dinner before the screening of the premiere of the new TV Show – Luxe Living. Almost all of the guests who were invitedwere local “celebrities” and this event was set to attract great publicity for the restaurant.
John and his team worked tirelessly to organise the event and accommodate the preferences of their guests. Everything except for the food appeared to be well prepared on 14 January 2022. When Josh came to work on the morning of15January, he received a phone call from his two chiefsMyla and Ethan who told him that they have contracted COVID-19 and are not able to come to work.
Josh turned in distress to Mark, one of his employees and an aspiring “commis chef”,[1] and asked him to take the role of chef for that event. Mark agreed to help Josh and requested the recipe for “La Saveur”in order to be able to prepare some of the meals. Josh was aware of the fact that it is Sunday so he cannot reach out to his lawyer and ask for a copy of a confidentiality agreement, so he disclosed the secret recipe to Mark and told him explicitly that the information is confidential. The event turned out to be a huge success and Josh thanked his staff, especially Mark for their dedicated efforts. Josh particularly acknowledged Mark’s contribution to this event in a speech he gave during Mark’s farewell party at the end of January 2022.
A few months after Mark left “La Mange”, Josh discovers that a new restaurant in Sydney called “La Maison” is using and also selling jars of the famous “La Saveur” sauce. There has been some speculation that the owner has signed a million-dollar contract with a manufacturer and the sauce will soon reach the shelves of the biggest supermarket chain in New South Wales. Marine who is Josh’sfriend told him that his former employee Mark is the owner of that restaurant. Josh went to “La Maison” and confronted Mark about the use of his trade secret without authorisation. Mark replied that he is under no such obligation given that unlike Myla and Ethan he has not signed a confidentiality agreement with respect to Josh’s trade secret.
Josh is devastated. He is concerned that “La Mange”will lose significant profitability and annoyed that another restaurant is profiting from his family’s recipe. He comes to your legal office asking if you can help him somehow.
Considering the facts in this scenario, addressthefollowingtwo (2) questions
Question2(A) = [12.5 marks]
What, if any, legal mechanism/s could be used to potentially impose liability on Mark for the (mis)use of Josh’s trade secret in the absence of a confidentiality agreement? and
Question2(B) = [12.5 marks]
Critically analyse whether Josh is entitled to some form of relief in this scenario against Mark and/or “La Maison”?
In your answer, make sure you refer to the appropriate legislation, case law and/or regulative provisions.
[Total for question two _/25 marks]
[Total for Q1 and Q2 _/50 marks]
[1]The term “commischef” is employed here in its ordinary meaning to designate a junior member of the kitchen staff who is undergoing some culinary training or is just about to complete it.
CLICK HERE TO MAKE YOUR ORDERon Discuss the manner of manufacture requirements prescribed under the Patents Act 1990 (Cth)and advise Aria if “A-Well” could potentially fall within the concept of manner of manufacture according to this Act; and
Irony is a manner of expression through which words or events convey a reality different from and even opposite to appearance or expectation. The use of such device in the story provides it with humor and wit, and makes the piece more sophisticated. The sustained irony is detected through style, tone and the clear use of exaggeration of Montresor, the narrator. From the very beginning we notice the irony in the story. The very name Fortunato would clearly imply that this is a man of good fortune, when the actual case is that he is about to suffer a most untimely death. The setting in which the story takes place again shows an ironic element. It is during Venice’s Carnival that the characters meet. A Carnival is supposed to be a time of festivity and happiness for everyone. However, in this short story it is a time for revenge and death. The atmosphere changes drastically when the two characters leave the cheerfulness of the carnival for the gloomy and desolate catacombs beneath Montresor’s palazzo. We learn from the narrator that when he first meets Fortunato the latter has apparently been drinking and is dressed in many colors, resembling a jester. His costume suggests that he will be the one playing the fool. On the other hand Montresor is dressed in a black-colored cloak and has his face covered with a black mask. At this point one can mention the presence of symbols: the black mask and ensemble might be a representation of evil. Such figure foreshadows the events taking place later that night in the damp catacombs. The way the narrator treats his enemy is one of the clearest examples for ironic elements. When the characters meet, Montresor realizes that Fortunato is afflicted with a severe cold, nevertheless he makes a point of him looking “remarkably well”. Montresor acts in the most natural and friendly way towards the man object of his revenge, and even praises his “friend’s” knowledge in the subject of wines. Also upon their meeting, Montresor begins a psychological manipulation of Fortunato. He claims that he needs his knowledge to ascertain that the wine he has purchased is indeed Amontillado. Fortunato is forced by his pride to accompany Montresor to the vaults where the Amontillado is kept, dissipate his doubts and also to prove his higher status as a connoisseur of wine. In fact, during their way down under in the catacombs, the twisted mind of Montresor, dares to give Fortunato the chance to go back, due to the almost unbearable dampness and foulness rampant in the vaults and Fortunato’s state of health. The narrator clearly knows about the stubborn nature of Fortunato, and is positive that his pride would not allow him to retreat. Thus, Fortunato continues his journey towards death by his own will. “The vaults are insufferably damp. They are encrusted with nitre.” “Let us go, nevertheless. The cold is merely nothing. Amontillado!” ( ) Another memorable lines in the story are given by Montresor in response to Fortunato saying, “I will not die of a cough.” To what Montresor responds, “True– true…” And then also when the hypocritical narrator toasts to Fortunato’s long life, already knowing that he was taking to effect the devilish crafted plan of revenge. Further evidence of ironic components is found with Montresor as a “Mason”. We anticipate this means he is a member of the distinguished group of men, yet he actually is a stonemason, someone whose job is to prepare and use stone for building. Montresor makes use of his skill as a mason as well as of the trowel he had shown his rival to build up the wall that will lock up unfortunate Fortunato inside the catacomb. When Fortunato is trapped behind the wall his avenger built, Montresor “re-echoes” and even “surpasses” Fortunato’s yelling apparently to sympathizing with the victim. He is evidently being ironic since he is actually delighted by what he has done and only stops shrieking till Fortunato is silent. The story ends with Montresor’s words, “In pace requiescat!” (May he rest in peace.) His words are unmistakably sarcastic: since he has just committed a dreadful murder. The story also contains many accounts of symbolism. They can be classified as reinforcing; that is, their meaning is not always obvious to the reader. It is only after several readings that the symbols begin to be clear. The first example in the story was mentioned earlier, the fact that Montresor’s costume is black would suggest beforehand that he would be playing the role of an evil being. The coat of arms of Montresor’s family is perhaps the best example of symbolism and foreshadowing in the whole story: “A huge human foot d’or, in a field azure; the foot crushes a serpent rampant whose fangs are imbedded in the heel” (). It is clear that a metaphor has been constructed. In this image the foot is symbolic of Montresor and the serpent of Fortunato. Fortunato had wronged Montresor and had offended both him and his ancestors. Although Fortunato has hurt Montresor, the coat of arms suggests that Montresor will ultimately crush him. Montresor is determined to uphold his family’s motto: “Nemo me impune lacessit”, which is the Latin for “No one can injure me with impunity”. The sinister narrator seeks his vengeance in support of this principle. A further manifestation of symbolism is the vaults in the end of the catacombs piled with skeletons. The accumulations of human remains may be an implication of human detriment. The absence of light and the dark murkiness that surrounds the characters are sensory images that aids for a perfect setting of horror and makes the reader capable of getting the sensation of an impending doom. Finally, the very title of the story: The cask of Amontillado, represents the imminent ruin of Fortunato: his pursue of the cask which, in the end, will be his own casket. The Cask of Amontillado is a carefully crafted short story. Every trait of irony and symbolism Poe uses contributes to a single and meaningful effect: the plot to maneuver Fortunato to where he can wall him up alive is anything but straightforward. In fact, from the very beginning, every action and bit of dialogue is characterized as being just the opposite of what is obviously stated yet, it is conveying his message clear and effectively.
AuthorLastName, FirstName. Title of the Book Being Referenced. City Name: Name of Publisher, Year. Type of Medium (e.g., Print).
LastName, First, Middle. “Article Title.” Journal Title (Year): Pages From – To. Print
Provide a reflection of how the knowledge, skills, or theories of this course have been applied, or could be applied, in a practical manner to your current work environment. If you are not currently working, share times when you have or could observe these theories and knowledge could be applied to an employment opportunity in your field of study.
Requirements:
Provide at least a 500 word or 2 page double spaced not including the Title page, TOC or Reference page, reflection.
Use of proper APA formatting and citations. If supporting evidence from outside resources is used those must be properly cited. Use the attached template.
Share a personal connection that identifies specific knowledge and theories from this course.
Demonstrate a connection to your current work environment. If you are not employed, demonstrate a connection to your desired work environment.
You should NOT, provide an overview of the assignments assigned in the course. The assignment asks that you reflect how the knowledge and skills obtained through meeting course objectives were applied or could be applied in the workplace
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