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Home / My courses / 2018 Spring – IE 447451
/ February 5 – February 11 / Term Paper Topic
18 S – IE 447451-Legal
Aspects Of Engr
Term Paper Topic
3/26/2018 Assignment
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Please select a term paper topic and answer the following
questions:
1. Topic — please describe the topic in 1-2 sentences.
2. Why is this worth researching?
3. What resources have you found so far?
4. How will this new body of knowledge benefit you?
Several students have asked for additional examples for term
paper topics. I have listed a few examples below. Remember
these are just examples to get you started.
The role of arbitration clauses in contracts and the benefits
(or burdens) of the arbitration process
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Ethics in construction: When should a subcontractor follow
the law rather than the head contractor or owner?
Examining 'Pay-if-paid' clauses: Ways to monitor this clause
and related issues pertaining to legal requirements
Analyzing the different forms of business association and the
liability and protections each of them provide
The betterment rule as a tool for contract disputes
Another great topic is to analyze a business practice in your
industry and examine how it may create exposure to liability.
Then discuss how to reduce liability.
Term Paper Instructions
Note: The instructor must approve Term paper topics
A ten-page term paper is due on May 1, 2018. The format for
the term paper is 12-point, Times New Roman font, with oneinch
margins. Please number each page and include a cover
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page (not included in the page count).
Although this course will introduce you to several topics related
to construction law, and provide a strong starting point for
understanding this body of law, the topics covered are not
exhaustive. It is very likely that at some point in your
professional careers you will encounter a legal issue that will
require you to further examine a topic we have studied in this
course. Therefore, the intent of this exercise is to make sure
you know how to do basic legal research. As you all know, in
the real world you will still have to consult a licensed attorney,
but through this exercise, each of you will at least have a basic
understanding of how to research areas in the law, what your
attorney is talking about during a consultation and why her
services are so expensive!
3/26/2018 Assignment
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The term paper can be on a topic of your choice, however; I
suggest that you choose a topic that you have or will likely
encounter at work or in other professional settings. Using basic
legal research tools, identify and explain the legal issue. Next,
explain the specific "law" or legal concepts that apply, how
courts generally rule of these types of cases and finally what
steps can be taken to avoid this legal issue in the future.
Write your term paper from the point of view of an employee
explaining to senior management how to alter, or how to include
specific practices to avoid legal complications or for additional
legal protection. You can pick any aspect of business, for
example, the subcontracting process, how contracts are formed
or terminated, ethical concerns, allocating losses, insurance,
payments, etc. Term papers should be full of analysis and
include your viewpoints and understanding of how to resolve or
improve the business situation. Be sure to include personal
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analysis in your term paper. I am very interested to see how
you analyze the legal situation based on the research you have
found.
Term papers must include a complete list of sources.
Plagiarism will result in a failing grade. Quotes taken directly
from a source must have quotation marks and appropriate
citations. Please cite all sources with footnotes. Remember if
you include a concept that you did not know before researching
this term paper, you must attribute the source, even if you do
not use a direct quote. Omission of sources is plagiarism. I will
provide additional information on how to conduct legal
research, and the term paper format and citations.
You will be graded on the thoroughness of your research,
clarity and your ability to apply your legal research to the
specific facts of your "case." Your personal analysis of the
situation is key to a superior grade.
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Submission status
Submission
status
No attempt
Grading status Not graded
Due date Sunday, February 11, 2018, 11:55 PM
Time remaining Assignment is overdue by: 42 days 18
hours
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2018 Spring – IE 447451
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Dear all:
Many of you have reached out asking for more guidance on the term paper. For this week's assignment, I am asking each of you to create an outline for your research paper with 5-7 sources. I have provided a few NJIT online research databases and included two examples of paper outlines that I found online. I recommended filling out your outline as much as possible as it will make your writing easier later. Please indicate on your outline which source you will use in that section.
As a refresher, here are the instructions for the term paper:
A ten-page term paper is due by May 1, 2018. The format for the term paper is 12-point, Times New Roman font, double spaced, with one-inch margins. Please number each page and include a cover page (not included in the page count).
Write your term paper from the point of view of an employee explaining to senior management how to alter, or how to include specific practices to avoid legal complications or for additional legal protection. Term papers should be full of analysis, and include your viewpoints and understanding of how to resolve or improve the business situation. Be sure to include personal analysis in your term paper. I am very interested to see how you analyze the legal situation based on the research you have found.
Term papers must include a complete list of sources. Plagiarism will result in a failing grade. Quotes taken directly from a source must have quotation marks and appropriate citations. Please cite all sources with footnotes. Remember if you include a concept that you did not know before researching this term paper, you must attribute the source, even if you do not use a direct quote. Omission of sources is plagiarism.
You will be graded on the thoroughness of your research, clarity and your ability to apply your legal research to the specific facts of your "case." Your personal analysis of the situation is key to a superior grade.
For your legal research, I highly recommend that you utilize NJIT library database resources:
- Robert Van Houten Library – databases
- http://library.njit.edu/
- Click "databases"
- Select "more"
- Under "subjects," click "LEGAL"
- Lexis-Nexis Academic Universe (cases from 20 years ago to present)
- FindLaw
- Legal Information Reference Center
- Search the databases for relevant legal information
- Under "subjects," click "LEGAL"
- Robert Van Houten Library – Journals
- Click on "research and resources"
- Click "articles via journals"
- Select "law"
Sample Outline #1
Title: The FederalistPapers' Influence on the Ratification of the Constitution
Thesis: The Federalist Papers influenced the ratification of the Constitution by making some of their most important arguments, including the importance of being in a Union by having a Constitution, answering to the objections made by the Anti-federalists about separation of powers, and defending opposing arguments made against the characteristics of the executive and judicial branch as provided in the Constitution.
I. Introduction
a. DescribeThe Federalist Papers are and when they started
b. Thesis: The Federalist influenced the ratification of the Constitution by making some of their most important arguments, including the importance of being in a Union by having a Constitution, answering to the objections made by the Anti-federalists about separation of powers, and defending opposing arguments made against the characteristics of the executive and judicial branch as provided in the Constitution.
II. Background
a. State whenThe Federalist was printed and published.
b. Discuss the intentions and purposes ofThe Federalist.
III. Argument for the benefit of a Union
a. A Union would guard against external dangers
b. A Union would guard against internal dangers
A. The "extended sphere" argument about how it will control factions. (Federalist 10)
IV. Argument of the problem with complete separation of powers
a. Anti-federalists wanted a complete separation of the judicial, executive, and legislative branches
b.The Federalist said the maxim of complete separation of powers is misunderstood. (Montesquieu)
c. The branches need some limited power of the other branches to protect themselves from encroachment of the other branches (Federalist 51)
A. The branches need to have the interests of maintaining their powers, and not letting the other branches take that away.
V. Argument for a single executive, and against a plural executive
a. Anti-federalists didn't want a single executive, too much like a monarch
b.The Federalist need the executive to be "energetic" and a plural executive would make this impossible (Federalist 70)
A. It would take too long for the people in the executive position to make decision in an emergency, because they might disagree.
B. In a plural executive, it is hard to tell who is responsible for a wrongdoing because they can all blame each other, so a single executive would lead to more responsible behavior
VI. Argument in favor of judicial review and terms of good behavior for judges
a. Anti-federalists didn't like judicial review and the term of good behavior
b. The Federalist argued that judicial review was necessary to protect the judicial branch from the Legislature.
c. A term of good behavior was necessary to get qualified people for the positions; it would also give them time to develop knowledge.
VII. Conclusion
a. Thesis
b. The dates of the ratification of the Constitution by the States
c.The Federalist's influence beyond the ratification
Title: Common Sense and Its Impact on American Political Thought
Thesis: Thomas Paine'sCommon Sense articulated the anti-British sentiments of the Colonies in a way so unprecedented that it permanently changed the face of political thought in America.
I. Intro:
A. Thesis: Thomas Paine'sCommon Sense articulated the anti-British sentiments of the Colonies in a way so unprecedented that it permanently changed the face of political thought in America.
II. What didCommon Sense say that was so different?
A. It denounced both the monarchy and the English Constitution, which had previously been looked upon as a brilliant political document. Americans realized the inherent fallacies of hereditary government (specifically monarchy) as well as the English Constitution which protected the monarchy.
B. It called for Americans to disconnect themselves from the flawed British system and create a new one for themselves. Common Sense questioned the long-standing belief that residents of the colonies were inseparably connected to England. It gave them a new identity – Americans rather then Britons.
C. It also outlined the benefits of a republican government, which would go on to influence the ideas of the Founding Fathers as they created a new government for their new country.
III. What wasCommon Sense's immediate effect on the Colonies?
A. The debate in the American Colonies shifted from that of reconciliation with England to that of independence.
B. It was read by an unprecedented number of colonists and united a great majority of them behind independence.
C. It inspired American intellectuals with its call for independence, leading to the composition of the Declaration of Independence a mere six months later.
IV. What wereCommon Sense's long term effects?
A. It changed the connotation of the word "revolution" to something that looked to the future. "Revolution" became a word of innovation rather than renovation.
B. It permanently cemented the idea of a republican, non-hereditary government into the heads of Americans.Common Sense's design for a republican government, and its basic principles were carried on to the Constitution.
V. Conclusion
A.Common Sense's eloquent, articulate, and unprecedented arguments led to a permanent change in American political thought.
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