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Gilbert Law's "Legal Writing, Research, and Analysis"

¶ … Gilbert Law's "Legal Writing, Research, and Analysis" Each profession has its own set of rules and language, and the field of law is no exception. In order to effectively research, analyze, and write about any legal topic, it is imperative to have not only the correct tools, but also the knowledge of how to best use them. One…

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Origins and Characteristics of the

That's why today America has a federalist system of government. Power is divided. The federal government has three branches: the Executive, the Judicial and the Legislative. The federal legislature is further divided into two parts -- the House and the Senate. State governments are modeled along the same lines. There are state courts, state legislatures (most have two houses as…

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Soviet Law the Legal System

In the United States, if a party fails to present evidence at the trial level that evidence cannot be considered at the appellate level, in Russia, however, appellate courts allow parties to introduce additional information and evidence which was not presented at the trial level (Reshetnikova, 2009, p. 6). Modern Russian courts are evolving and have incorporated European and western legal principles and codified those rules in their statutes, constitution, and civil regulations. However, the Russian court system, like the Soviet legal system, is a complex and political entity. The increasing standardization of Russian law in the modern era has not eliminated the influence of government officials and wealthy businessman in Russia. Two groups which are often exempt from punishment funder the law for various criminal and civil infractions. Of the two court systems, criminal and civil, the Russian civil law system is far more effective. Russian criminal law, like the law of the Soviet Union, is far more likely to be used as a weapon by the government to identify and punish political adversaries (Reshetnikova, 2009). It is interesting and ironic to note that even in a post-communist environment, the Marxist beliefs about the use of the law as a tool of oppression, remain behind and actually manifest themselves in modern Russian law. Although to be accurate, in the modern context, the law can operate in both ways to both assist and oppress Russian citizens. References Berman, J., (1948). The challenge of soviet law. Harvard Law Review, 62(220), pp. 220-264. Dobrin, S., (1956). Some questions of early soviet legal history. Soviet Studies, 7(4), pp. 353-372. Kahn, J., (2008). Law and Legal System of the Russian Federation. Review of Central & East European Law, 33(2), 239-247. Krygier, M. (1990)., Marxism and the rule of law: Reflections after the collapse of communism. Law & Social Inquiry, 15(4), pp. 633-663. Marochkin, S., (2009). Do discrimination and inequality exist in the Russian legal system? International Law, National Legislation and Judicial……

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Moral and Legal Questions of

In reverse order, the supporters of critical legal studies are most represented by the scientists, and those who financially back them. These men and women are pressing on into the work regardless of governmental regulation, or threats over financial assistance. Their view is that this research holds positive benefits for mankind, so it should progress to bring those benefits to…

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Legal Positivism

Law Theory Legal Positivism My recent trip to Pango-Pango, a remote island, was literally a treasure hunt in terms of the law. Admittedly, my first reaction upon finding human beings living on Pango-Pango was that there would be no semblance of an organized society, let alone any legal conventions, but I was mistaken. The task that I faced in regard to my expedition, as I understood it, was to travel to the island, determine if there were people living on the island, and to find out what types of rules existed among the people to maintain order and protect individuals from the improper conduct of others. With this understanding in mind, I observed the people with a totally open mind, and soon discovered several elements in place among these people that gave every indication of legal positivism, because of the specific aspects of the people of Pango-Pango which matched those of positivism itself. First, I observed that the people of the island all deferred to one of the oldest men on the island; his clothing was more elaborate than that of the others, and he was the one who closely evaluated me and my party upon our arrival, with no one else approaching us until he gave the permission to do so. Immediately, I associated this hierarchy with the Pedigree Thesis of positivism, which states that the cornerstone of a legal society is the authority of a sovereign, who is viewed as the leader and the source of the order in the society. Finding this in place, I had an inclination that there would be at least something resembling law in this society. Upon closer examination, this inclination became much more of a fact. My second observation, which lent itself to further belief that laws were in place, was the fact that even as an……

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Harvard College's "Oncomouse," Which Is

4. For a number of reasons, I found the dissenting opinion to contain better legal reasoning than the minority opinion. First, I agreed with the dissent's suggestion that the law did not invite moral judgments about the subject matter of patents. I did not see how it was possible to exclude a mouse's genetic code from the composition of matter contemplated under the relevant patent law. In fact, the term composition of matter seemed aimed at encompassing new chemical combinations, whether organic as in the products of genetic engineering, or inorganic. Had Parliament intended a more limited term, they certainly could have included those limitations in the law, which was specifically drafted. I also found the dissent's mention of previously patented living material to be extremely relevant; if fungi had previously been patented, what legal rule was the majority using to distinguish between fungi and mice? Moreover, I found the fact that human beings are otherwise allowed to exercise total dominion over mice to be significant; the law already provides for the ownership of the animals in question. Why would the law, then, not provide specific protections for the owners of a certain strain of mice? Furthermore, I found the majority's slippery slope arguments to be spurious. In order to prevent the patenting of human genetic material, all that Parliament would need to do would be to write a law preventing the patenting of human genetic material. This would be true even if there were not clearly recognized distinctions between human rights and animal rights, already recognized in the law. For example, slavery, the only means of legal ownership of human beings, is already outlawed. In contrast, humans are able to own or otherwise exercise dominion over every other type of animal, though there may be some restrictions in the cases of endangered or dangerous animals. Therefore, the idea that allowing a patent on mouse genetic material would lead to a world in which one could not prevent the patenting of……

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Individual Rights for a Nation

According to The Chronicle of Higher Education (2005), "Whether it's a Summers, a Churchill, or a worker cleaning a toilet, everyone should have the right to express any and all opinions. The freedoms of thought and speech should be protected universally, for all people. If we make the rights of free speech and thought dependent on context, and give an…

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Rule of Law and Extra-Legal

Laws may also simply mandate what procedures are to be followed in a given context; for example, the United States (U.S.) Constitution mandates how Congress, along with the President, may create laws. A more specific example might be the Securities and Exchange Act, which, along with the SEC, a regulatory body, mandates how public companies must go about making periodic disclosures to investors. The question that has received the most substantial attention from philosophers of law is "What is law?" Several schools of thought have provided rival answers to this question. Natural law theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarized by the maxim: an unjust law is not a true law, in which "unjust" is defined as contrary to natural law. The natural law or law of nature is a system of justice that exists independently of the positive law of a given political order. Its usage has varied through its history. It presently has a meaning in both moral theory and legal theory, despite the fact that the core claims of the two kinds of theory are logically independent. According to natural law ethical theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings. According to natural law legal theory, the authority of at least some legal standards necessarily derives, at least in part, from considerations having to do with the moral merit of those standards. There are a number of different kinds of natural law theories of law, differing from each other with respect to the role that morality plays in determining the authority of legal norms. The concept of natural law was very important in the development of Anglo-American common law. In the struggles between Parliament and the monarchy, Parliament often made reference to the Fundamental Laws of England, which embodied natural law since time immemorial and set limits on the power of the monarchy. The concept of natural law was expressed in the English Bill of Rights and the U.S. Declaration of Independence, and by 19th century anarchist and legal theorist, Lysander Spooner. Morality is not law, even if law reflects or intends to reflect morality. In some juridical systems, the word morality concretely means a requirement for the access to certain charges or careers, or for…

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English Legal System the Sources of Law

English Legal System The Sources of Law and the Development of Equity The phrase "the source of law" can mean both the reason that laws are necessary in a society, as well as the specific and direct procedural influences that have shaped the laws in any given civil society (Slapper & Kelly 2006, pp. 1). The English legal system has…

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Legal Transplants the Objective of

" (p.10) According to Oguz this adoption should be held as a "continuing, living social process from the adoption point forward." (p.10-11) Oguz reports that soon following the Swiss Code being passed, "the law of obligations, commercial law, regulations, and laws of judgment and execution were passed and Turkey became a member of the western legal family." (2005, p.10) It is stated however, that it would take time for the legislative law to be adopted as the law of Turkey. While it was expected by the legislature that the judges in Turkey would use the theoretical background and flexibility of the Swiss code" and that this would morph into a national legal system difficulties arose in application of the law and noted as the first of difficulties with interpreting the language of the Turkish Code. (Oguz, 2005, paraphrased) The method used was a conceptual rather than literal interpretation of the code and it is reported that the primary responsibility of the new legal system adaptation was assigned to students pursuing theory and legal education resulting the accomplishment of this mission in what is described as a "a step-by-step manner." (Oguz, 2005, p.12) II. China The word transplantation in the Chinese language has two primary meanings: (1) grafting, which "in a botanical sense, refers to botanical transplantation; and (2) technological transplantation, which refers to a particular organ or body part of human beings. (Dai, 2009, p. 1) However, in regards to legal transplantation there are reported to be a diversity of views that exist and one being that legal transplantation is "followed by the identification, recognition, adaptation, integration, based on the introduction, absorption, adoption, uptake, assimilation of foreign law (including the legal concepts, technology, norms, principles, systems and legal concepts, etc.)." (Dai, 2009, p.1) The work of Arlanwosen, a British legal history scholar writes that legal transplantation means "a transition of legal systems from one country to another country, or from one family to another family." ( p. ) It is reported that the constitutional framework which was published in 1908 provided the "rights and obligations of citizenship" which are stated to be "subject to the principle of all speeches, all press, all assembly, all association, all quasi, are all free." (Dai, 2009, p.1) By 1911 the Constitutions was already immersed into the emperor's creed and by the end of the Qing Dynasty, "legal transplantation was related to the structure of…

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Lincoln Lawyer by Michael Connelly

Employing this approach, Haller zealously litigated and advocated on Roulet's behalf throughout trial, even though he began to detest his dishonest client, believing him to be guilty. Haller pursued an excellent defense at trial even though he began violating his own rule to ignore the irrelevant question of whether a client was guilty. Haller's continued advocacy on Roulet's behalf demonstrates Haller's commitment to defense work -- if Haller had wished to end his employment for Roulet based on his suspicion of Roulet in the murder of his investigator and other conflicts within their relationship, he could have requested permission from the court. Per the California Rules of Professional Conduct, with the court's permission, an attorney may withdraw from representing a client if the client renders it unreasonably difficult for the attorney to carry out the representation effectively.[footnoteRef:-1] [-1: Cal. Rules of Professional Conduct, rule 3-700] Ironically, Haller declined to zealously advocate and pursue a defense at jury trial for Jose Menendez, an incarcerated past client. Like Roulet, Mendendez had also insisted on his innocence to the charge of murder, but Haller failed to recognize his innocence. Haller had convinced Menendez, who was in fact, innocent, to plead guilty rather than go to trial. With his discovery of Mendendez innocence, in connection with his discovery of Roulet's guilt, Haller was haunted by the words of his lawyer father: " the scariest client a lawyer will ever have is an innocent client. Because if you fuck up and he goes to prison, it'll scar you for life." (p. 100). Menendez was later released and brought a malpractice action against Haller. Through defense investigation and communications with Roulet, Haller learned that Roulet had killed people in the past, and Haller suspected that Roulet killed his investigator, Levin. However, Haller has a duty of confidentiality to his client. As a general rule, communications between an attorney and client during the course of professional representation are confidential. This means that the client has a privilege to refuse to disclose, and to prevent others from disclosing, most information communicated between him and his attorney. Even if a client such as Roulet confesses that he committed the charged crime, or that he committed murders in the past, the rules of professional conduct prohibit an attorney from disclosing such information if he learned it within the scope of legal representation. Fortunately for Haller, the attorney-client privilege ceases when…

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Legal Encounters Involving a Fictional Company Newcorp

Legal Employment Scenario Employment Law Scenarios: Legal Encounter The scenario described in the first Legal Encounter suggests an inconsistency on the part of Newcorp. To the defense of Newcorp, its general policy of maintaining employees at will was designed to afford it greater latitude in maintaining, advancing or dismissing personnel where deemed necessary. And according to the legal premise of this status, it should be seen as the company's right to provide as much or as little notice and justification for its decisions to terminate as it determines necessary. However, the at will policy is essentially a passive policy, meaning that it remains a latent reality for an employee unless other pretenses have been explicitly provided stating otherwise. In the case of Newcorp, its Personnel Manual does provide explicit detail of the policy and procedures relating to the employee's potential dismissal. As a mode of offering some job security assurances, this becomes something of a more binding policy. Indeed, failure to adhere to the requirement to provide an employee with proper notice of a dissatisfaction with performance may suggest to Mr. Grey that he had been hired and courted away from another position and location under false pretenses. Evidence suggests that a failure on the part of Newcorp to engage even nominally the steps preceding entitlement for termination manifests as a legal failure. Mr. Grey's challenge is made all the more potent by his claim that political and personal views related in the public forum and outside of the work space may have contributed to his abrupt dismissal. While there may be no way for us to establish the veracity of this claim, in light of other failures in abiding due process when approaching Mr. Grey's dismissal, these claims strengthen his position that he was dismissed on false or legally unjust grounds. This constitutes a liability on the part of Newcorp connecting Grey's termination to some of the conceptual protections that may exist for those working under at will conditions. Namely, "if permitted in the particular state, at-will employees file cases based upon torts, which are alleged wrongdoing by the employer. For example, an employee may file a case based upon wrongful termination with a malicious motive, intentional infliction of emotional distress and invasion of privacy, among others." (Jessica, 1) for Newcorp, this denotes a necessity to determine whether its state of primary operation provides such tort prospects. Given that…

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Jurisprudence as a Theory in

In this way, legal realism is subject to differing, subjective interpretations because that is the nature of man. Critical legal studies As a critique of the well established norms and mores in a society, the critical legal studies school of legal theories suggests that logic and structure of the law are derived from relationships of power in a given society. In this way, the critical legal studies school theory seems similar to a Marxist ideology concerning social power struggles. In fact, proponents of the critical legal studies camp believe that the law is a primary mechanism used to support and foster certain socially desirable outcomes, even to the detriment of less powerful, less authoritative groups or classes of people. Thus, law is simply an amalgamation of the ruling classes collective belief systems; the rich, the powerful, the well-connected legitimize laws and provide for sanctions to give authority to legal strictures. However, because man can be a whimsical creature, with self-serving interests, the law, according to the critical legal studies advocate, can be a bastardized creation of justice. In this way, those in power use the law and the legal system to suppress the desires and needs of the less powerful in an effort to maintain power and prestige; law is thus a tool for repression to ensure status quo. Thus, to those advocating a critical legal studies approach to jurisprudence believe that no law, no manmade legislation is ever content neutral and free of value judgments. The critical legal studies camp encompasses several other like-minded, social-struggles based theories in legal circles; feminist legal theory, critical race theory, and post-modernism theories are all aligned with the critical legal studies theory in an effort to call attention to the vagaries, nuisances, indiscretions, and whims of the politically connected. Conclusion: While theories of law, theories of legal systems and of the nature of law vs. The nature of man are convoluted, with little consensus between the respective schools of thought, it seems that the field of jurisprudence, of legal theories will continue to develop and provide greater insights into the nature of man. While manmade laws are certainly not perfect, like man, they are subject to interpretations and provide a foundation for socially desired behaviors. With the effects that laws have in our American society on the weak, on the poor, on the disadvantaged and downtrodden, there is room for improvement. Perhaps legislators…

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International Law Assess the Legality of the

International Law Assess the legality of the 2003 American invasion of Iraq in the context of the United Nations Charter provisions governing the use of force. Does the legal position adopted by the United States on the Iraq war a signal the emergence of new norms governing the use of force under International treaty or customary law? Make sure to…

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Law and Business When Glenn Says That

¶ … Law and Business When Glenn says that a legal tradition is information, he is referring to the way that the legal process helps form the basis of historical tradition, of the way societies decided to form a code of morality and ethics in order to retain a positive and cooperative (e.g. social) state of affairs. Since humanity is…

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Legal Writing Honigsberg's Compilation From the Gilbert

Legal Writing Honigsberg's compilation from the Gilbert Law Summaries is considered by many to be the definitive reference series for the current law student and a preferred primer for quick evaluation to the practicing lawyer. For the former user especially, the volume offers a practical sequence of building blocks contributing to an understanding of the principles, and thereafter the practices, of law. In the version entitled Legal Research, Writing & Analysis, this experience and track record are channeled to focus on legal writing instruction. Offering first a glossary of key terms to be used throughout the following sections, the volume shows a clear intention to arm the reader with the tools necessary to proceed with a fuller study on the subject. Therefore, this is followed by a largely theoretical section in which is reviewed the basic conceptual framework of American legal doctrine. This is a sensible segue into an examination of case law through several key decisions and, following that, a study on the application of this case law to our understanding and refinement of legislation and constitutional orientation. The next……

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Criminal Law Civil Liberties & Issues of

Criminal Law Civil Liberties & Issues of National / Legal Interest The three Websites that were selected for this paper are: The American Civil Liberties Union (ACLU) (www.aclu.org);LegalInformation Institute (LII) / Cornell University Law School (www.law.cornell.edu/);andFriends Committee on National Legislation (FCNL) (www.fcnl.org/indexhtm). Answer (a): The Friends Committee on National Legislation site was found by typing "Civil Liberties" into Google; the ALCU site is saved on my "Bookmarks" list; and the Cornell University Law School site, Legal Information Institute (LII) was found through a Google search "Legal Websites." Answer (b): The information on all three sites is very useful. The ACLU Web site is of particular interest because their lawyers and researchers dig out specific federal and international laws as they pertain to issues that are now before the citizens of the U.S. But of immediate interest is their far left hand column which always has updated information on issues like "Torture," which is of paramount concern to many Americans who don't believe the U.S. military should be engaging in torture tactics against prisoners. When the ALCU publishes an article about a controversial topic, it may be subjective and supportive of one particular viewpoint, but readers can be sure that it has been researched by lawyers or by paralegals that know and understand the law. The LII site has a tremendous amount of data relating to recent court cases, current law under the Supreme Court, Federal rules, and directories to all laws in the U.S. The FCNL site is devoted to civil liberties but also to peace and the environment, Native American issues and the federal budget. Answer -: All three sites are very well organized, easy to navigate, and user-friendly in all ways. Answer (d): I believe that the reliability of these three sources is very good. AMERICAN CIVIL LIBERTIES UNION: On their home page the ACLU present a long list of links to issues like "Criminal Justice," "Death Penalty," "Disability Rights," "Police Practices," "Racial Justice" and much more, including "Voting Rights," "Human Rights," "Immigrants' Right," "Rights of the Poor," and "Women's Rights." But as mentioned, the hottest topic they have recently investigated is always on the upper left hand portion of the home page. In this case it is "Torture" - "Newly Released Government Documents show Special Forces Used Illegal Interrogation Techniques in Afghanistan." In that document, obtained by the ACLU through the Freedom of Information Act (the ACLU…

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Criminal Justice Legal Issues International Law Legal

Criminal Justice Legal Issues International Law Legal Systems There are four types of legal systems in existence in the modern world: civil law, common law, customary law, and religious law. All four types of legal systems have lengthy histories and share some common elements. In addition, one can see the overlapping influence of different legal systems in each different type.…

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Law and Legal Significance of Brad Meltzer's the Tenth Justice

Tenth Justice Influence of the Law in the Tenth Justice Brad Melzer's debut novel the Tenth Justice is a fast-paced legal thriller that follows the misadventures of recent Yale Law School graduate Ben Addison during his year -- or part of a year, ultimately -- as a United States Supreme Court law clerk. As Addison and the reader learns right at the start of the novel, law clerks in the Supreme Court (at least in Melzer's fictional world) have an inordinate amount of power in the shaping of Supreme Court decisions and thus the establishment and development of law at the federal level, and on a very lasting basis. While it is far from certain that the situation as presented and described by Melzer is truly representative of reality, the position of influence that Addison finds himself provides the impetus for the action of the book, when he accidentally leaks a decision he is working on to someone with plans for underhanded financial gain. The fix is in, the blackmail begins, and Addison must spend the rest of the novel trying to beat his new nemesis at his own game, out-conning the con and staying ahead of the authority of the Court, who suspects he has been leaking information, and his roommates, one of whom might be in league with the unsavory investor now blackmailing Ben. Many of the characters in the novel seem to be motivated not by the law, which the Supreme Court and the "tenth justice" are supposed to uphold, but rather by the ability to bend or break the law. That is, it is in the complexities and intricacies of the legal system and the ability to which these complexities can be manipulated that the characters and the reader ultimately finds enjoyment. Addison breaks the spirit of the law if not the letter, whether intentionally or not, when he leaks information to the shady investor Rick, and he continues to talk to his roommates about goings-on at the Court in a manner that is far more loose and open than is wise or warranted -- he is motivated by his involvement with and manipulation of the law, and indeed by his status outside the law, not by the law itself. If he were truly interested in upholding the law, the novel would have progress with Addison admitting his mistake early on and working with authorities to…

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Rule of Law Legitimate? What

These types of questions are being referred to as 'jurisprudential', and the issue or matter of whether it is advisable to waste considerable time on resolving them is debatable. (Dworkin, 1) There are two types of jurisprudence, one being 'ethical' and the other which is 'analytical'. When compared to English jurisprudence, American jurisprudence is essentially more complicated, and it is…

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Law Tradition -- Followed by

berkeley.edu). What is the importance of precedent to the judicial decision-making process? An example of how common law crept into civil law (through precedent) in the United States, the Berkeley article mentions the 1925 Supreme Court case, United States v. Robbins. In that case the concept of "community property" was first adjudicated by the High Court, and the decision was rendered based on precedent from the "…legal customs of Visigothic Spain," which dates all the way back to the fifth century CE (law-berkeley.edu). So California inherited its current law on community property based not on English common law, but on precedents going back thousands of years. What are equitable and legal remedies? What's the difference? According to FindLaw.com, a legal remedy means the plaintiff -- after arguing his or her case before the court -- seeks compensation for losses. And if the plaintiff wins the case, the judge typically awards "damages" to the plaintiff to reimburse him or her for injury or loss (FindLaw.com). In equitable claims, the plaintiff is usually asking for "relief" from certain actions; the plaintiff may be asking the court for an "injunction" preventing the party being sued to refrain from "…doing a certain act." A city council may re-zone an area of the city for adult entertainment but the neighbors may bring litigation asking for an equitable claim -- preventing the city from going through with the rezoning. So the difference is: in legal remedies, the court normally awards in the form of monetary compensation; but in equitable claims the court may order someone or a business to cease what it is doing. Works Cited FindLaw.com. (2009). What is the Difference Between a Legal and Equitable Claim? Retrieved May 12, 2013, from http://litigation.findlaw.com. University of California / Berkeley. (2010). The Common Law and Civil Law Traditions. Retrieved May 12, 2013, from http://www.law.berkeley.edu.…

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Learn How the Law Works

" Lief H. Carter (Reason in Law) MY MOST CHALLENGING ACADEMIC PURSUIT My most challenging academic pursuit to date was my recent participation in the German Pupils' Academy, which considers itself to comprise ninety of the brightest and most talented European secondary school students. The four-week program at Rostock, West Germany offered me the opportunity to collaborate with a team…

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Forensic Psychologist's Legal Responsibilities and Rights

Legal Rights and Responsibilities in Forensic Psychology The forensic field has expanded and broadened during the last fifty years or so. Since forensic psychology differs from conventional psychology, special attention has been given in developing ethical and legal rights and responsibilities. This paper summarizes the legal rights and responsibilities of a forensic psychologist in light of the guidelines developed and…

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International Law in the Modern World the

International Law in the Modern World The role of international law has become more imperative and important in our world than ever before. Possibly one of the most prominent issues and the greatest threat to world peace today is the problem of nuclear proliferation. This is one of the areas of particular concern for International law and international legal institutions. In an article entitled Building Global Peace in the Nuclear Age by David Krieger (2006), the author correctly states that, "The Nuclear Age has made peace an imperative. If we fail to achieve and maintain global peace, the future of humanity will remain at risk" (Krieger). The maintenance of global peace is the fundamental task and challenge of internationals legal institutions However, this is not the only aspect that is of concern for international law. There are many other issues and problems in the modern, globalized and interconnected world. One of these is the issue is human rights. In this regard, the problem gender rights and the horrors of genocide have become a particularly worrying concern internationally. The modern world is characterized by greater contact and interaction between nations. However, at the same time the contemporary world is also a place of greater complexity and competition for scarce resources, as well as increasing conflict. This in effect means that international law must face extremely difficult and complex situations in maintaining the ideals of peace and order. One needs only to mention modern concerns such as the increase in terrorism to substantiate this view. The phrase international law was coined as early as 1789 by Jeremy Bentham. (Horton) the idealist view of international law was to develop after the Second World War and in the many department of the United Nations. In essence, international lawyers felt that they ".... were part of a cosmopolitan project that had a long pedigree sometimes derived from Enlightenment philosophy..." (Koskenniemi). The central aims of international law is to act as support for the Untied Nations and various human rights frameworks as well as supporting "...special rules for trade law, environmental law and work for a proliferating number of international institutions since the 1950's..." (Koskenniemi). The central point is that, in this context, International law can be described as the system of law that brings nations together in legally binding agreements. This also requires shared and agreed upon values and standards. "International Law" can refer to…

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Clinton Cole v. Burns International Security Services Case Report

CLINTON COLE v. BURNS INTERNATIONAL SECURITY SERVICES Case Report How did the Court apply Gilmer to determine the enforceability of this agreement? The stated agreement points out employees' consented renunciation to take their employer to court, in front of jury, and in stead their agreement for all company related issues to be resolved by an arbitrary party. The precedent case of Gilmer vs. Interstate/Johnson Lane Corp. concluded that such an agreement is not enforceable in all cases, only in those that meet the established standards. "We read Gilmer as requiring the enforcement of arbitration agreements that do not undermine the relevant statutory scheme. The agreement in this case meets that standard." The required standard of an arbitration agreement is its validity in regard to the EEOC and NLRB regulations and also the arbitrators' ability to enforce the laws that protect workers. Meeting all the requested criteria, the Cole - Burns Security arbitration agreement was considered valid and enforceable. 2) How did the Court resolve whether only the employer should pay all arbitrator expenses? All the expenses adherent to the previous cases arbitrated law have been paid by the employer. But the case of Clinton Cole vs. Burns International Security Services raised the question of having the employee meet the costs, entirely or at least partially. In response to the employer's request to only pay part of the fee, the Court analyzed the arbitration agreement and found it to be ambiguous. The Court responded that the ambiguity should be eliminated and based on the contract signed between employee and employer, ordered Burns Security to pay the entire fee. Furthermore, since the Court's aim is to resolve the dispute between the two parties by protecting their rights, they felt the employee is not to be charged for the judiciary services. "Because public law confers both substantive rights and a reasonable right of access to a neutral forum in which those rights can be vindicated, we find that employees cannot be required to pay for the services of a "judge" in order to pursue their statutory rights." In addition, the Court stated that the only way for an arbitration agreement to be considered valid is for the employer to assume all arousing expenses. 3) How did the Court resolve the issue of the scope of judicial review of an arbitration award? In his attempt to dismiss the enforceability of the arbitration agreement, Clinton…

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Contract Theories

Contract Theory: Contract Theory: Are Contracts Required for an Efficient Marketplace? Contract Theory: Are Contracts Required for an Efficient Marketplace? The primary business document that is used in the United States and most other countries of the world today is the contract. Contract law generally attempts to consider questions such as whether an enforceable contract actually exists, what the true…

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Civil Law

Civil Law There will be cases wherein one party will feel having been wronged by another either intentionally or unintentionally. In the case of Sara Andrews vs. John Smith, the latter throwing a baseball on the street and causing damage to the former's car is unfortunate and unintentional. However, the injured party should never be the one who will have to pay for the damage she did not caused herself. Thus, having the right to file a lawsuit protects her from being left out and pay for the damages to her car and the treatment to the physical problems she has had thereafter. Surely John Smith would say that what occurred was an accident. But examining the matter further, it would be obvious that the street is where various vehicles and pedestrians come and go, and when someone throws a baseball on the street, more than likely someone will get hit and may get hurt as in Ms. Andrews case. Hence, even if Mr. Smith had no intention of causing harm to Ms. Andrews, his irresponsible act has caused damage and Ms. Andrews suing him is basically making sure that she will not have to pay for the damages that she never caused in the first place. The right to file lawsuit in a civil case as in any law or legal proceeding will always be open for abuse especially if there are those malicious enough to use it to their advantage. One abuse that is apparent is when people are making false claims that they have been wronged by another party. In addition, some of the claims will demand for outrageous sums that if ever the complainant wins, the defendant might find himself on the streets because the civil lawsuit has caused him to be economically downtrodden. Other abuse can take the form of simply congesting the already……

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Adoption (Family Law) by Kansas

Statute 59-2121(a) The traditional costs for the legal and professional services executed inside United States should be equivalent to the costs for legal and professional services executed outside United States. Acceptable expenses for coordinating the adoption implementation (Kansas Adoption Statute, 2005). Statute 59-2121(c) Consciously and deliberately taking evidently undue costs is an offense. Permissible expenditure for Abandoning Child (Kansas Adoption…

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Employment Law John Doe, a Senior Vice

Employment Law John Doe, a Senior Vice President with ABC Science, was traveling in a cab in Washington, D.C. when the cab was involved in a major accident. Mr. Doe was severely injured in the accident and was paralyzed from the waist down. His injury makes him unable to work at his present job, but when he requested the company…

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Changes Brought About by the

This is a change from s 70 (1) (g) and was made with the idea that it is often very difficult for buyers to discover the existence of an intermediate landlord simply from an inspection of the property. The new law maintains the exception that a beneficiary under a settlement under the Settled Land Act 1925 is excluded from overriding…

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American Legal System

People think that courts are so slow and take too much time in shutting down a case, while others think they are too harsh on an accused. This invokes therapeutic jurisprudence. The therapeutic jurisprudence is the influence of law and justice system on the common populace's emotion, mentality and behavior (Neubauer and Fradella, 2011). Judges and lawyers think that their…

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Harts Postscript Dworkin's Early Work Gained Prominence

Harts Postscript Dworkin's early work gained prominence for its attacks on legal positivism, in particular H.L.A. Hart's version of legal positivism. What little direct response there was from Hart tended to come late in his life, and a good portion of it was only published posthumously. The "debate" between Dworkin and Hart, may be best understood as not having been…

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Legal Traditions, and the Relevance to Business

¶ … Legal Traditions, and the Relevance to Business Reading Activity 1.1. Traditions relate to the law and to how the law is interpreted. In Chapter 2 it is presented that legal traditions borrow from other traditions, and sometimes impose themselves on other traditions. The definition of tradition requires some understanding. Four traditions in the legal genre are: civil law,…

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Gustav Radbruch Believed That Positivistic

Hart's opinion may be that Radbruch would have expected that laws against women voting took a position of formulating an objection that because it is evil it is not law. Conclusion In conclusion, this paper discussed positivism. Gustav Radbruch believed that positivistic theory was a more sound foundation for our laws and legal system. He wanted the legal system to not make citizens totally subservient to the system. This work also tried to understand the works of H.L.A. Hart. His more naturalist views were complete opposites of the Radbruch. I believe that Hart did in fact provide adequate responses to the criticisms made by Radbruch. "What both Bentham and Austin were anxious to assert were the following two simple things: first, in the absence of an expressed constitutional or legal provision, it could not follow from the mere fact that a rule violated standards of morality that it was not a rule of law; and, conversely, it could not follow from the mere fact that a rule was morally desirable that it was a rule of law." (Hart 1958) These questions were answered by offering a detailed view of the legal positivism philosophies. This report addressed these issues. References Alexy, Robert. "Famous scholars from Kiel: Gustav Radbruch." Retrieved on November 3, 2009, from http://www.uni-kiel.de/ps/cgi-bin/fo-bio.php?nid=radbruch&lang=e Hart, H.L.A., The Concept of Law. Second Edition (Oxford: Clarendon Press, 1994) Hart, H.L.A., "American Jurisprudence through English Eyes: The Nightmare and the Noble Dream." reprinted in Hart, H.L.A., Essays in Jurisprudence and Philosophy (Oxford: Clarendon Press, 1983), 123-144. Hart, H.L.A., "Book Review of The Morality of Law" 78 Harvard Law Review 1281 (1965) Leawoods, Heather. "Gustav Radbruch: An Extraordinary Legal Philosopher." Retrieved on November 3, 2009, from http://law.wustl.edu/journal/2/p489leawoods.pdf. Hart, H.L.A., Essays on Bentham (Oxford: Clarendon Press, 1982) Hart, H.L.A., "Positivism and the Separation of Law and Morals," 71 Harvard Law Review 593 (1958)…

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Flags of Convenience

Flags of Convenience and Mrs. Lowell were passengers on the Koko, a cruise ship owned by DWI and flying the Liberian flag. During the cruise, the Lowells returned to their cabin to find two of the ship's employees removing cash and jewelry from the ship-provided safe. Mr. Lowell struggled with the men, but collapsed and suffered a fatal heart attack.…

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Principles Policies and Rules in Legislation and Police Power

Law and Police Powers Recent changes to the law in Queensland, and to the powers of police there, mean that citizens need to think twice next time they stroll home after a night at the pub, climb a tree in a local park or question why a police officer has asked him or her to do something. Citizens' right to…

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Habeas Corpus War on Terror

¶ … habeas corpus and the War on Terror: Review of Judiciary, Executive, and Academic Perspectives Writ of habeas corpus in the U.S. Constitution The United States Constitution (or U.S. Constitution) includes the writ of habeas corpus, part of the law that states that, "[t]he privilege of the writ of habeas corpus shall not be suspended, unless when in cases…

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Literacy & Its Influence on

E-filing has resulted in the ability of clients to view their information online as well, which in turn has resulted in a reduction of the costs of paperwork for today's law firms. Legal research methods have been simplified by such websites as Lexis and others where those in the legal profession can conduct research on case law online and are able to Sherpardize or update their findings using the World Wide Web and the legal websites that make provision of case law online. These changes have also been accompanied by changes for many courts in the hearings and trial process. One example of this is the Internet enabled video hearing. For many individuals who are arrested and housed in the jail pending a hearing the video-courtroom has enabled them to gain quicker access to the judge in filing for bond reduction and other such court-required hearings ultimately allowing them to make a quicker exit out of the jail pending the trial for the case in which they were arrested. III. Where Schools Have Failed Students in Information Literacy Failure of schools to understand the lasting nature of the World Wide Web has had teachers and professors instructing their students that when they write their papers that they should not use the Internet as a resource. However, these instructions are erroneous since nearly all of the business, academic and professional journals publish online in today's information society. Rather than instruct students to avoid use of the Internet, today's teachers should instead be providing information about how to use the Internet and how to identify information that is academically and professionally sound in nature. Summary and Conclusion It is certain that students are not receiving the information that they need to possess information literacy and this will transfer from the school setting to the real world professional setting in which they will be required to utilize the Internet in their daily work tasks. The academic setting needs to address this failing and incorporate information literacy into the academic content immediately so as to avoid failing students in providing the competency needed to perform effectively in the business world. Works Cited Badke, W. (2009) How We Failed the Net Generation. InfoITLand. July/August. 33(4), 47. Retrieved from: http://pqasb.pqarchiver.com/infotoday/doc/199935223.html?FMT=ABS&FMTS=ABS:FT:PAGE&type=current&date=Jul/Aug%202009&author=William%20Badke&pub=Online&edition=&startpage=47&desc=How%20We%20Failed%20the%20Net%20Generation Bravo, LC (n.d.) Information Literacy and Its Influence on the Scholarship, Practice, and Leadership Model in Business Education. Retrieved from: http://www.ulacit.ac.cr/files/careers/84_informationliteracyanditsinfluenceonbusinessadministrationeducation.pdf Marcus, RL (2008) The Impact…

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Harmonization of International Civil Procedure

3] [12: Garnett (2009) p.4] [13: Garnett (2009) p.5] V. Civil Procedure The principles of Transnational Civil Procedures are principles stated to be "equally applicable to international arbitration, except to the extent of being incompatible with arbitration proceedings. The court and judges are reported as being required to hold judicial independence to hand down a decision on the dispute in…

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Business Law Dimitri vs. Bib

This contract can also be classified as Partly executed and partly executory contract. This category of contract is one where one party to the contract has fulfilled his obligations (executed) and the other party is yet to perform their part in fulfilling the obligations of the contract (executory). This was the case in Dimitri Vs Big Bob's where Dimitri has fulfilled his part of the bargain by beginning the execution of his obligation and yet Big Bob's was yet to fulfill his. Ball Vs. Sullivan Sullivan intended to sell his piece of forty acre land for $60,000 and made this offer to Ball in writing, upon which Ball responded in writing as well accepting the terms of the offer by Sullivan. This is as good as a c contract since the offer and agreement are made in writing between the direct parties who are giving and accepting the offer. This contract can be looked at from the basis of it creation and be classified as and express contract made in writing and in that case Ball can hold Sullivan to contract for the sale of the land. It can also be looked at in the basis of execution and further be classified as executory contract since the offer and the acceptance have been made and what is remaining is the fulfilling of the obligations of both sides (USLegal Inc., 2013). It can be said therefore that Ball can actually hold Sullivan to the sale of the ladn based on these two perspectives given to the case. References Business Knowledge Resource, (2013). Regulatory Requirements: Contract Law. http://business.gov.in/manage_business/contracts_classifications.php USLegal Inc., 2013). Executory Contract Law and Legal Definition. http://definitions.uslegal.com/e/executory-contract/…

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