Legal Analysis – IRAC
Peter Pierce contracted with Danny Do Paint, Inc., owned and operated by Danny Pacheco, to repaint his 4000-square foot home within sixty (60) days, using the highest quality Benjamin Williams paint guaranteed to last for 20 years.  Peter paid an additional $2000.00 for the higher quality paint, for a total contract price of $10,000.00.  Danny was to provide all supplies, including the paint.  Peter selected a custom color that was a mixture of five other colors, in prescribed formulaic amounts.  Because of the complexity of the paint mixture, it was suggested that all of the paint be purchased at the same time, from the same Benjamin Williams location, to avoid any color inconsistencies.  Danny agreed to follow this suggestion.  The provision was included as a material term, in the contract.  Danny Do Paint had a solid reputation in the community.   Peter selected his paint color and left the job in Danny’s capable hands.  Or, so Peter thought.    
Instead of pressure cleaning the house before commencing the paint job, which is industry standard but was not specifically delineated in the contract, Danny proceeded to paint over the existing paint, which was extremely dirty, with patches that were peeling.   Danny missed several days of work, maintaining that he was getting migraines from the paint fumes.  Danny kept telling Peter that he was under medical care for his headaches, and that he was doing the best he could on serious narcotics for the migraines.  Danny was not tracking to complete the paint job within the contractual period. 
Danny also did not purchase all of the paint at one time, from Benjamin Williams.  Danny ran out of paint three-quarters of the way through the painting of the home. Danny, short on time, asked Peter to pick the paint up, that Danny ordered, on his way home from work.  Peter agreed, and went to Benjamin Williams. When Peter arrived, he realized that Danny had opted for the lowest quality Benjamin Williams paint, which was not what Peter selected, nor what Peter paid for.   
The Benjamin Williams paint manager, Nicholas Thompson, told Peter that Walt, another customer, told him, that Danny said he could not afford to pay for the better quality paint for Peter’s job, because his brother had a serious accident and he needed to help support his family while he was out of work.  Walt also told Nicholas that Danny said he felt awful about misrepresenting the paint quality to Peter, but that he “had to do what he had to do, for his family.”
Peter was furious, and confronted Danny about the series of breaches of their agreement.  Peter informed Danny that he was fired, and advised him not to return to his property.  Danny continued to show up daily.   Peter sued Danny Do Paint, Inc, naming Danny individually, as well, for breach of contract and trespass to land, a tort.
During trial, the following occurred:
(A) Nicholas Thompson, the paint manager, testified that Walt told him that Danny told Walt that he was not going to buy the more expensive paint to paint Peter’s house because he had to help his brother’s family because of his brother’s accident.
(B) Danny’s doctor, Dr. Kaufman, testified that Danny did make two doctor’s appointments during the duration of the contract.  Dr. Kaufman testified that Danny came in for headaches, and that he prescribed a non-narcotic that would not interfere with his ability to drive, or work.  Danny did not sign a medical release or authorize Dr. Kaufman to share information about his medical care.  Dr. Kaufman also testified that, while Danny was at the appointment, without prompting, Danny said “I can’t believe I messed up Peter’s house to this extent.  I don’t even know where to begin to fix this mess. With everything going on with my brother, that is all I can think about”.   
Objections were raised to the testimony.  The judge allowed all of the testimony.   You have been asked to prepare an Internal Memorandum, using Florida Statutes, including the Florida Evidence Code, addressing the testimony that was admitted, to evaluate the basis for an appeal.  The Florida Statutes can be searched here: http://www.leg.state.fl.us/statutes/index.cfm
The Florida Evidence Code can be searched here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090.html
Your research should focus on hearsay and privilege.
Internal Memorandum
To: Re:
From: Date:
Facts
Include all legally relevant facts that provide the foundation for the issues.
Issues
State all issues, phrased as questions based on the assignment directions and provided information.  Each issue should be separately numbered.
Rules
Include all law that is the basis for the analysis.  If referring to a part of a rule, you should include the specific part(s) that will be used in the analysis.
Analysis
Fully apply the law to the facts to provide the basis for the conclusion. Connect legally relevant facts to the specific language from the law, breaking down application of the law to the facts, step by step.   
Each part of the law is a component.  Each component that applies to the issue should be addressed in your analysis.  
This is the longest, and most detailed section of IRAC, and of the Internal Memorandum.  Analysis should be fully developed for each issue.  
Number your analysis to align with the numbering of your issues above.  You should have the same number of analysis sections as you do issues.
Conclusion
Reach firm conclusions, supported by the analysis, for each issue.  Number your conclusions separately, by issue.  You should have the same number of conclusions as you do issues and analysis.

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Peter Pierce contracted with Danny Do Paint, Inc., owned a appeared first on Assignmentio.

Teaching Processes, TWS Standards, & IndicatorsGreenwood-Leflore Consolidated School District in Mississippi (ONLY DO TP.1, TP 2, TP.3)TP 1.  Contextual FactorsTWS Standard:  The teacher uses information about the learning-teaching context and student individual differences to set learning goals and plan instruction and assessment.Indicators:Knowledge of community, school, and classroom factorsKnowledge of characteristicsKnowledge of students’ varied approaches to learningKnowledge of students’ skills and prior learningImplications for instructional planning and assessmentTP 2.  Learning GoalsTWS Standard: The teacher sets significant, challenging, varied, and appropriate learning goals.Indicators:Significance, Challenge and VarietyClarityAppropriateness for studentsAlignment with national, state or local standardsTP 3.  Assessment PlanTWS Standard:  The teacher uses multiple assessment modes and approaches aligned with learning goals to assess student learning before, during and after instruction.Indicators:Alignment with learning goals and instructionClarity of criteria for performanceMultiple modes and approachesTechnical soundnessAdaptations based on the individual needs of studentsTP 4.  Design for InstructionTWS Standard:  The teacher designs instruction for specific learning goals, student characteristics and needs, and learning contexts.Indicators:Alignment with learning goalsAccurate representation of contentLesson and unit structureUse of a variety of instruction, activities, assignments and resourcesUse of contextual information and data to select appropriate and relevant activities, assignments and resourcesUse of technologyTP 5.  Instructional Decision-MakingTWS Standard:  The teacher uses ongoing analysis of student learning to make instructional decisions.Indicators:Sound professional practiceAdjustments based on analysis of student learningCongruence between modifications and learning goalsTP 6.  Analysis of Student LearningTWS Standard:  The teacher uses assessment data to profile student learning and communicate information about student progress and achievement.Indicators:Clarity and accuracy of presentationAlignment with learning goalsInterpretation of dataEvidence of impact on student learningTP 7.  Reflection and Self-EvaluationTWS Standard:  The teacher reflects on his or her instruction and student learning in order to improve teaching practice.Indicators:Interpretation of student learningInsights on effective instruction and assessmentAlignment among goals, instruction and assessmentImplications for future teachingImplications for professional development

Teacher Work Sample (TWS) 6 & 7The Teacher Work Sample contains seven teaching processes identified by research and best practice as fundamental to improving student learning.  Each Teaching Process is followed by a TWS Standard, the Task, directions, and a Rubric that defines various levels of performance on the standard.  The Standards and Rubrics will be used to evaluate your TWS.  The directions help you document the extent to which you have met the standard.You are required to teach a comprehensive unit.  Before you teach the unit, you will describe contextual factors, identify learning goals based on your state or district content standards, create an assessment plan designed to measure student performance before (pre-assessment), and plan for your instruction.  After you teach the unit, you will analyze student learning and then reflect and evaluate your teaching as related to student learning.TWS Format            1.  Complete a cover page that includes:                        (a)  your name,                        (b)  date submitted,                        (c)  grade level taught,                        (d)  your university,                        (e)  course number and title.            2.  Provide a Table of Contents that lists the sections and attachments in your TWS document with page numbers.  Be sure to number each page of the entire document.            3.  Charts, graphs, and assessment instruments are required as part of the TWS document.  You may also want to provide other attachments, such as student work.  However you should be very selective and make sure your attachments provide clear, concise evidence of your performance related to TWS standards and your students’ learning progress.            4.  A suggested page length for your narrative is given at the end of each component section.  You have some flexibility of length across components, butthe total length of your written narrative (excluding charts, graphs, attachments and references) should not exceed twenty (20) word-processed pages, double-spaced in 12 point font, with 1 inch margins.            5.  If you referred to another person’s ideas or material in your narrative, you should cite these in a separate section at the end of your narrative under References and Credits (not included in total page length).  You may use any standard form for references; however, the American Psychological Association (APA) style is a recommended format.            6.  In order to insure the anonymity of students in your class, do not include any student names or identification in any part of your TWS.TP 6.  Analysis of Student LearningTWS Standard:  The teacher uses assessment data to profile student learning and communicate information about student progress and achievement.Indicators:Clarity and accuracy of presentationAlignment with learning goalsInterpretation of dataEvidence of impact on student learningTP 7.  Reflection and Self-EvaluationTWS Standard:  The teacher reflects on his or her instruction and student learning in order to improve teaching practice.Indicators:Interpretation of student learningInsights on effective instruction and assessmentAlignment among goals, instruction and assessmentImplications for future teachingImplications for professional development