Study "Law / Legal / Jurisprudence" Essays 56-110

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Forensic Psychologist's Legal Responsibilities and Rights Research Paper

… 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… [read more]


Legal Issues in Cremation Annotated Research Paper

… ____. (2014). Burial Rights, Corpse. Retrieved http://legaldictionary.thefreedictionary.com/Burial+Rights

This resource is useful in that it sums up common law and statute in general for issues related to the burial, particularly for situations involving negligence of some kind. For instance, it is a misdemeanor to possess a body and refuse or neglect to bury of dispose of a corpse indecently. Permitting a body to be taken from a person who agrees to properly bury a corpse subjects that person to lawsuit. At common law, and often under state statute, it is an offense to neglect to bury or cremate a body within a reasonable period of time after death. Putting several corpses in the same crematorium during a single burn cycle. Results in the commingling of ashes, which is viewed as an act that undermines the respect due a dead person.

Morton v. Maricopa County, 865 P.2d 808 (Ariz App. 1993).

Retreived http://www.aele.org/law/Digests/civil123.html

When the remains of a murder victim were incinerated due to space needs, the victim's parents had cause of action against medical examiner, as they had a statutory right to receive body for interment or cremation. This legal summary is useful because it points to the duty of care of the medical examiner, and of workers at the crematoria.

Goldwasser, J.W. (Rabbi (2014). How can a Jewish cemetery permit the burial of cremated ashes on sacred ground? About.com.

This is an informative article on cremation under Jewish law. Most traditional authorities forbid the burial of ashes in a Jewish cemetery because it encourages the practice of cremation. Some traditional authorities do allow ashes to be interned because to deny burial would itself be a violation of the command to bury.

[Type text]… [read more]


Wills Can Be Invalidated Essay

… ¶ … WILLS can be invalidated using Florida case law.

Invalidating a WILL using Florida Law

The primary objective of this analysis is to establish the ways of invalidating wills, or trust documents as outlined by the Florida case law.… [read more]


Ethics and the Law Term Paper

… It has some of the best businesses, and an eager crop on entrepreneurs. It has the best hospitals and some of the most efficient production faculties in the world. These benefits are not infinite, nor are they permanent. America must… [read more]


Contract Law in Modern Society Term Paper

… This is because these agreements are enforceable for a specific length of time. It is dependent upon both parties fulfilling their obligations. When this happens, it means that they are compelled to meet these conditions. For some people, this is challenging, with their lives are constantly changing. As a result, they need to consider the impact it will have on them and if this is something they are prepared to follow. (Easton, 2007) (Andrews, 2011) (McKendrick, 2012)

Identify ethical issues that exist in your example, if any. If your scenario did not present any ethical issues, provide support to indicate this.

In a life insurance contract there are several ethical issues. For instance, the insured is having their beneficiaries receive a monetary benefit when something happens to them. This is problematic, as the basic concept is enabling them to take advantage of the death of the policy owner. Yet, at the same time, it is also providing the beneficiaries with protection against this kind of uncertainty. In this case, a moral challenge exists, based upon the financial reward from the unexpected death of the policy owner by the beneficiary. While at the same time, the insurance company will realize a profit due to the premiums that were paid each year for coverage. (Easton, 2007) (Andrews, 2011) (McKendrick, 2012)

Conclusion

Clearly, contracts are used to provide some kind of guarantee from one party to the other. It is based upon each side's ability to meet these obligations under specific circumstances. As a result, this is something that they must consider, to determine the other party's capacity to follow these provisions and if this is an agreement they willing to enter into.

References

Andrews, N. (2011). Contract Law. New York, NY: Cambridge University Press.…… [read more]


Business Law in 1960 Essay

… The legal bias in this case was the court ruled that the first and fourteen amendments usually require a public official who is suing for defamation to prove that the defamatory comments alleged were made with actual malice (Hrcr.org, 2009). This means that with knowledge that it was not true or with reckless disregard of whether it was not true or true. Otherwise the reasoning of the court was that public debates on issues of importance would be made less. Citizens have the right to criticize officials holding public offices. This is without any protection provided for errors arising from public debates; people will get engaged in self-censorship as opposed to speaking out important public issues as they will fear of getting a libel suit.Therefore when this case is considered against a background of profound national commitment to the principle that any debate on public issues should wide-open, robust and uninhibited and that It might include sharp attacks on public officials and government.

Supreme Court of the United States

Chief Justice; John Roberts

Associate judges by order of seniority

1. Antonin Scalia

2. Anthony Kennedy

3. Clarence Thomas

4. Ruth Bader Ginsburg

5. Stephen Breyer

6. Samuel Alito

7. Sonia Sotomayor

8. Elena Kagan

Retired Associate Justices

a. John Paul Stevens

b. Sandra Day O'Connor

c. David Souter

New York Court of Appeals

The Chief Judge; Jonathan Lippman

The Associate Judges of the

1. Victoria A.Graffeo

2. Susan Phillips Read

3. Robert S. Smith

4. Eugene F.Pigott Jr.

5. Jenny Rivera

6. Sheila Abdus-Salaam

References

Pearson Education. (2013). Current U.S. Supreme Court Members. Retrieved September 16, 2013 from http://www.infoplease.com/us/supreme-court/supreme-court-members.html

Hall, K. L & Urofsky, M.I.(2011). New York Times v. Sullivan. Retrieved September 16, 2013 from http://www.kansaspress.ku.edu/halnew.html

Hrcr.org.(2009). The New York Times v. Sullivan "Actual Malice" Rule. Retrieved September 16, 2013 from http://www.hrcr.org/safrica/expression/nytimes_sullivan.html… [read more]


Volition and Contract Law Research Paper

… Such a person is still under the jurisdiction and care of the guardian, and as such, they may not commit to any action or event that makes them liable for their personal actions. The legal writings refer to the persons… [read more]


Law Tradition Essay

… 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.… [read more]


Effects of World Trade Organizations Dispute Settlement System on International Law Research Paper

… WTO Law

WTO and International Law Qs

The World Trade Organization impacts international law in both direct and indirect manners, and strangely it provides strength to international law even in ways that might on the surface appear to weaken it. First, and most directly, the WTO is far more centralized than most other bodies and systems of international law, which adds a great deal of strength to the legal workings of the international community within the WTO (Pauwelyn, 2001). The rules and hierarchies established by the WTO provide clear guidance with direct and transparent means for appeal and redressing grievances, making the organization a far more effective, decisive, and objective body for international arbitration and rule-setting than other international and/or intergovernmental organizations (Pauwelyn, 2001; Pauwelyn, 2003). This has ked to a direct strengthening of international law, as all areas governed by the WTO (though this governance is not sovereign or exclusive) have a centralized authority they can appeal to which wields direct, even, and transparent power in settling disputes and setting rules (Pauwelyn, 2001; Pauwelyn, 2003).

At the same time, the strength of the WTO -- which is, ultimately, a non-governmental body -- could be seen as delegitimizing both international and national governments. An inspection of the WTO's own governing rules belies this notion, however; the construction and wording of the various articles shows the clear deference to international law embedded in the very fabric of the WTO (Pauwelyn, 2003). In this manner, the WTO adds legitimacy to existing governments and intergovernmental partnerships and unions, further strengthening international law by lending its support to bodies of international law and the various organizations that determine and enforce international agreements conduct between nations.

2)

It goes without saying that relationships between states will improve when there is a clear, established, authoritative, and effective body in place to handle disputes, set rules, and otherwise manage interstate relationships, and this is precisely what the WTO provides (Petersmann, 1997; Pauwelyn, 2001; Pauwelyn, 2003). The specific manner in which the WTO goes about influencing and assisting interstate relationships is another substantial strength of the organization, however, and the detailed dispute resolution process the WTO enforces covers all manner of violation-based disputes as well as non-violation-based complaints between states (Petersmann, 1997). Having a dedicated, specific, and detailed means of addressing and resolving conflicts greatly improves relationships between states not only through the concrete instances of dispute resolution but also by more effectively compartmentalizing issues of dispute (Petersmann, 1997). By providing an effective means for resolving trade-related disputes and conflicts, that is, the WTO helps to keep such issues from…… [read more]


Tort Law and Trident Diving Term Paper

… In this instance, the materials used were less expensive and were of a lower quality as opposed to the materials used by competing diving equipment manufactures. The lower quality material and substandard craftsmanship employed by Trident's executive management resulted in a faulty product that could easily cause death to users through accidental drowning. Naturally, the manufacturer could defend these claims through proof of testing, proper warning labels and the company's overall due diligence, provided Trident actually engaged in these precautionary practices. However, they must maintain that they did use a reasonable standard of care when producing the product.

The most relevant consumer protection statute that relates to the above case is the Fair Packaging and Labeling Act of 1967, which was enacted to provide comprehensive federal regulation of product labeling procedures. This legislation directs the CPSC to issue regulatory statutes requiring that all consumer commodities disclose net contents, identity of commodity, and name and place of business of the product's manufacturer, packer, or distributor. In addition, the Act authorizes additional regulations when necessary to prevent cases of outright consumer deception. In the instance of the above recall, as the manufacturer of a product previously known to be faulty in its design and construction, Trident Diving Equipment must have in place adequate labeling in order to educate the consumer regarding the product's safety, where it came from, and its proper use and application. The justification for the strict labeling regulations mandated by the Act can be found in the CPSC's recall order. By informing the public of the danger posed by Triden's faulty hoses, the CPSC was able to provide a detailed description of the labeling on the hoses in question. By announcing that all scuba hoses with a label reading "Scuba Diving High Pressure hose I.D. 3/16 (4.76 mm) W.P. 5000 PSI Exceeds SAE 100RT braid with Kevlar fiber from Dupont" printed in white lettering on the hose's outer covering, the CPSC ensures that there can be no confusion regarding the product being recalled. Simply announcing that Trident scuba hoses have been recalled is an insufficient motivator of consumer action, because many thousands of divers own hoses and gear manufactured by Trident. By referencing this specific label, however, regulators can target only those consumers who may be diving with the specific make and model of hose known to leak. The nationwide recall of Trident Diving Equipment's line of faulty High-Pressure Scuba Diving Air Hoses demonstrates the effectiveness of the Fair Packaging and Labeling Act, which was enacted more than half a century ago.

References

CPSC. U.S. Consumer Product Safety Commission, (2013). Trident diving equipment recalls high-pressure scuba diving air hoses due to drowning hazard (Recall date: APRIL 18, 2013 Recall number: 13-174). Retrieved from Government Printing Office website: http://www.cpsc.gov/en/Recalls/2013/Trident-Diving-Equipment-Recalls-High-Pressure- Scuba-Diving-Air-Hoses/… [read more]


Statutory Interpretation Is Indeed Essay

… In this case, a greater amount of illumination was rained down on the Employment Rights Act and was done so in a way which better protected workers.

"Another important development with respect to statutory interpretation in the UK is to… [read more]


Law Term Paper

… Indiana v. Edwards, 554 U.S. 164 (2008), was a United States Supreme Court case which added to this precedent where the Court rules that the standard for competency to stand trial was not linked to the standard for competency to represent oneself.

Edwards suffers from schizophrenia and tried to steal a pair of shoes from a store. In defending himself he shot and wounded an innocent bystander. In 2000, he was deemed not competent to stand trial and was hospitalized. In 2002, his lawyers asked for another competency evaluation and in June 2005, Edwards finally stood trial. He asked for the right to represent himself, and this originally refused, was ultimately agreed with the U.S. Supreme Court dividing between issue of competency to stand trial and issue of competency to represent oneself. (Indiana v. Edwards | The Oyez Project at IIT Chicago-Kent College )

Procedural laws deal with the way that criminal laws (or laws in general) are carried out. Substantive laws deal with discussion of the substance of the law, such as in criminal law, discussion of how well rules deter, rehabilitate, or exact retribution.

A case involving a substantive criminal law issue is that of the 1970s case where they arrested Soliah who belonged to the Symbionese Liberation Army, a radical San Francisco group that kidnapped Patricia Hearst and tried to kill government officials. The case involves the controversial Alford pleas issues where defendants are allowed to plead guilty while simultaneously protesting their innocence

Soliah had changed her name to Sara Jane Olson, and her court procedure turned out to messy with some judges in some states allowing the nolo contendere plea (which is where individual may refuse to admit guilt but accept punishment as if guilty). And judges in other states allowing her to use the Alford system. In each case, the outcome was different and judges were confused finally prescribing her psychologically incompetent to stand trial. It was only then that Soliah admitted and announced that she was sorry for hurting others.

This case, bringing us back to the beginning, shows how the entire criminal justice system is premised on the legal recognition / theory that people are responsible for their acts and that, consequently, they cannot be penalized until they stand trial for their actions. The Edwards procedural act shows the debate on when a person is competent to reason for himself. The substantive case highlights the controversy of indeterminate sentencing where the statutory laws fall short and conviction finally depended on discretion of individual judge. In Soliah's case, law of Alfred varied from state to state.

Understanding of the statutory and case law is important to a criminal justice professional since it helps us see how the two are related and helps us better understand the reasons for specific cases and the history behind certain criminal justice actions.

Sources

Cliff's Notes Sentencing Statutes and Guidelines

http://www.cliffsnotes.com/study_guide/Sentencing-Statutes-and-Guidelines.topicArticleId-10065,articleId-10042.html

Schlatz, B. Classical Theories in Criminal Justice

http://www.ehow.com/list_7457240_classical-theories-criminal-justice.html

Indiana v. Edwards | The Oyez Project at IIT Chicago-Kent… [read more]


Constitutionality of a Postcard-Only Mail Essay

… Despite the lack of challenge to this policy, Judge Simon felt compelled to note that issues of Prison Legal News and a child's report card could not be considered disruptive. Regarding easy alternatives to a restrictive mail policy, Judge Simon… [read more]


Legislative Ethical and Legal Regulatory Compliance Term Paper

… Computer Science

Legislative, Ethical, and Legal Regulatory Compliance

Personal identifying information is frequently gathered by businesses and governments and is stored in a variety of formats such as digital and paper. Protecting this data has become a mounting issue for… [read more]


Antitrust Laws Are Case Study

… Such competitors allocate specific customers, product, or territories among themselves. Competitors may decide to sell to, or bid on contracts let by certain customers. Such competitors will not be expected to sell to, or bid contracts let by customers allocated to other competitors. Under certain circumstances, competitors can agree to sell only to customers that come from specific geographic locations and deliberately refuse to sell or quote exorbitant prices to customers that come from locations where their conspirator companies are situated (Anonymous, 2010).

Decisions that are made before court of law regarding whether a business organization has violated federal antitrust laws, four elements have to be taken into consideration namely: an agreement to concerted action, unreasonable restraint of trade by the agreement, interstate trade restraint, and a show of general intent. The court has to prove that the competitors actually conspired to unreasonably restraint trade. All that the courts want to establish is that there was some illegal agreement between the competitors to restraint trade. Courts hold competitors liable for having engaged in restraint of trade when they knowingly create monopoly, artificially maintain prices, restrict output, refuse to deal, or interfere with free play of market forces. The courts rely on three analytical approaches namely "per se" rule, "rule reason," and the intermediate "quick look" to determine whether an activity constitute an unreasonable restraint of trade (Lechter, Posner & Morris, 2002).

Intermediate quick look rule is at times abbreviated rule of reason standard. Quick look analysis is only applicable in agreements that are naked restrictions but having pro-competitive justifications. After the courts have established existence of a restriction the onus shifts to the defendant to assert pro-competitive justifications. After successful rebuttal of the presumption of anti-competitive effects by the defendant, the court then applies the rule of reason analysis to balance the costs of the restraint of trade against its benefits. Quick look analysis just like per se analysis heavily relies on the experience of the court. Courts that try antitrust law violators must have jurisdiction under the Act. Violators can only be charged if their activities stand to affect interstate commerce (Lechter, Posner & Morris, 2002). The activities of the competitors must involve a substantial volume of interstate activity. The activity has to also be an essential part of transaction. A defendant is found to be criminally liable for anti-trust violation if there is an agreement and that the defendant knowingly entered into the alleged conspiracy. This calls for no further inquiry to prove intent (Lechter, Posner & Morris, 2002).

Selling gasoline for less than cost does violate Sales-Below-Cost (SBC) laws that seek to protect small independent firms from predation by larger firms. Such an activity violates SBC laws because it injures other competitors as well as destroying competition. After rival companies have been driven out of business and potential entrants scared away, the company that lowered the gasoline prices below its costs will definitely raise the price of the gasoline to recoup the losses it initially incurred. This… [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in… [read more]


Hotel Sent the Security Guard Research Paper

… The court also found that the security staff had legal justification to detain the defendant for purposes of investigating the incident.

The presiding judge found that the plaintiff, Borgata, under the facts and circumstances of this case, owed no duty of care to the defendant. Moreover, the judge found a preponderance of the evidence clearly indicated that the plaintiff, Shannon Niland was subjected to non-consensual touching, and the defendant himself confirmed that. The judge further rejected the defendant's claim of negligence in failing to make a complete investigation before taking action. In addition, the presiding judge rejected Michael's claims of invasion of privacy by Borgata.

In conclusion, this case presents many factual disputes including the defendant's detention and his alleged touching of Ms. Niland. In essence, the judge's decision was in order .The statements of Ms. Niland to her co-employees were not actionable and hotel and that the security officers acted appropriately in response to Ms. Niland's report.

Defendants Actions

In Gonzalez's case, by having an altercation with the officers, he was handcuffed and arrested for criminal mischief as well as resisting arrest. Prior to this, he had failed to answer his hotel door after the hotel staff heard some commotion, which caused the police to take action. Once the police officers forcefully broke into Gonzalez's room, he became aggressive. Thus, the police officers had probable cause to arrest Gonzalez.

In the second case, regarding the defendants' claim of Intentional Infliction of Emotional Distress (IIED), the judge granted summary judgment partly because none of the plaintiffs had committed any intentional outrageous conduct. The plaintiff, Ms. Niland, was entitled to judgment as a matter of law on the defendant's false arrest and false imprisonment claims. The hotel's security staff had legal justification to detain the defendant for purposes of investigating the complaint of the plaintiff, non-consensual touching by the defendant.

Court Ruling

In both cases, no sufficient evidence was presented and this, largely, influenced the judges' decisions. In addition to this, especially in the first case, there was no legal basis for a criminal offence. Gonzalez had done nothing wrong other than resisting arrest, which was as a result of the police breaking into his room. In the second case, Niland seemed to have influenced her colleagues. She had no burden of proof; however, Michael presented a strong case against her.

Defendant Actions

The motivation behind both defendants action prior to arrest is unclear. However, during their encounter with the police, there could be some deduction. In the Gonzalez case, it appears as though, he least expected the police to break into his room. In addition, evidence suggests that there were broken beer bottles. The conclusion could be that he was caught unawares and most likely after a few drinks. The police action further provoked him to act that way. In the second case, the defendant most likely acted that way out of the belief that he was innocent and that he had been wrongly accused.

The only action from both… [read more]


Hla Hart and Modern Legal Case Study

… Austin said that the coincidence between the law that is and the law that ought to be happens so often that people get confused and believe that law and morality are connected. Austin also said that there is human law and there is divine law and that if a human law conflicts with divine law, then the human law is not really a law and does not need to be obeyed. Austin believed that divine law was shown in utilitarian principles, which were about liberalism, reform and control of power. Using the example of the master's rights over his slaves, the rule of law that gives the master rights over his slaves conflicts with divine law (that we know by Utilitarian principles) and therefore it is not really a law and does not have to be obeyed. Bentham said basically the same thing with two large differences: Bentham used "utility" instead of God or the divine law; and Bentham believed that even a supreme legislative power can be legally restrained by a Constitution.

Hart seems to admire the simplicity of Austin and Bentham. For example, Hart mentions that Bentham claims that the issue in question is not whether slaves can reason but simply whether they suffer. In this way, Bentham does not fall into the trap of talking about the issue of whether a slave is naturally meant to serve other people. Even so, Hart criticizes Austin and Bentham because they are so severe about separating the law that is from the law that ought to be. Hart says that sometimes there is an intersection between laws and morals. Hart also criticizes their belief that law is essentially a command from a sovereign that is habitually obeyed because they can command obedience but do not need to obey. Hart says that the law does not work that way: legislators do not hold office long enough to be habitually obeyed sovereigns; and the laws passed by the legislature must still obey fundamental rules.

3. Conclusion

H.L.A. Hart is a famous legal thinker who examined Positivism and Utilitarianism. Hart is noted for thoughts that modernized the thinking of positivists and specifically utilitarians. The key concept of "Positivism and the Separation of Law and Morals" is that sometimes law intersects with morality. For example, until people become like giant land crabs with shells that cannot be penetrated and who can get their food from the air and not be harmed by others, there must be laws against violence and setting basic property rights. Hart believes that those laws "intersect" with morality and every legal system has laws like that. Hart believes that the old positivists, who saw law that is completely separate from law that ought to be, were mistaken.

Hart also specifically examined the Utilitarianism of Austin and Bentham. Austin and Bentham were both Utilitarians. They believed in no connection between the law that is and the law that ought to be and that it is only a coincidence if legal rights… [read more]


Law and Society the Nature Term Paper

… Same-sex adoption is a matter of civic and possibly constitutional but not criminal law.

Social Control and Social Change -- Abortion

Abortion is one of those issues that is clearly related to social control, but which is rarely framed that way. The presentation raises the important question of "Should a parent be able to force a child to have an abortion?" Yet the presentation did not present the converse question, which is just as important if not more so: "Should a parent be able to prevent a child from having an abortion?" The answer to the latter question is more important because some states do have restrictions on abortion; some teenagers need parental consent. If the parents are opposed to abortion, they are essentially forcing their child to carry an unwanted child to term. An unwanted teen pregnancy dramatically alters a person's life in terms of access to education and career. Because the issue impacts females more than males, abortion is a matter of patriarchal social control of women: perpetuating the problems that plague women such as income disparity with men and other injustices. Changes to abortion law have led to social changes, and have also reflected those social changes.

The Law and Diversity -- Sharia Law

It is easy to take for granted the supremacy of one's own legal system. In fact, each country has a unique legal system that works in accordance with its political institutions, infrastructures, and social norms. Most modern and industrialized nations have a similar style of legal system, in which a suspect in a criminal case is presumed innocent. It is up to the state to prove the guilt of the suspect. However, the opposite is true in other nations. The diversity of the law, its interpretations, and its procedures needs to be understood in order to have a better understanding for the role that the law plays in human social and political affairs.

In some Muslim countries, there are two legal systems that overlap with one another. One will be the realm of civic law and the other: Sharia law. Sharia law may be used as the primary means of settling disputes and criminal cases as well, especially in theocratic societies. The presentation focusing on Saudi Arabia outlines how Sharia law works: who its magistrates are, what jurisdiction they have (which is extensive in Saudi Arabia), and what legal topics they address. Learning about Sharia law and other types of legal system raises fundamental questions about the assumptions, values, and beliefs that underlie both legislation and the procedures used to enforce it. Disputes are settled in ways that would be considered unconventional outside of their culture: often outside of the courtroom.… [read more]


Liability the Case With Virginia Pollard Case Study

… Liability

The case with Virginia Pollard is showing how Teddy's Supplies is facing major legal challenges from the sexual harassment lawsuit. This is in spite of the New Jersey Supreme Court overturning the award. To fully understand the firm's legal options requires examining the company's liabilities. This will be accomplished by looking at: the different laws / case precedent (with a possible settlement), defining sexual harassment, studying the quid pro quo defense, if Pollard was mistreated, the current legal defense of Teddy's, providing specific recommendations to the CEO and the impact of this case on any replacement that is a female. Together, these elements will provide the greatest insights as to the strategy the firm can take in settling the claims made against them out of court.

Is Teddy's Supplies Exposed to a Liability Claim?

Obviously, Teddy's Supplies is exposed to major liability claims. Evidence of this can be seen with applicable laws and case precedent. In the case of regulations, Title VII of the Civil Rights Act of 1964 prohibits sexual discrimination in the workplace. This is showing how Teddy's Supplies is in violation of the law by allowing this to occur.

The case precedent that is supporting specific provisions of preventing sexual harassment include: Williams v. Saxby, Barnes v. Costle and Harris v. Forklift Systems. Williams v. Saxby is when the Supreme Court ruled that sexual harassment is occurring when there are unwanted advances made by a supervisor or other employees / coworkers. Barnes v. Costle is based on U.S. Court of Appeals ruling that found if a female employee is treated differently for rejecting some kind of advances. The firm is in violation of Title VII. Harris v. Forklift Systems found that sexual harassment claims can be brought against an employer without showing psychological harm. This is provided that the case meets predetermined criteria to include: the frequency of conduct, the severity of an offense, if the conduct is threatening or humiliating and if it creates a negative work environment for the individual. These laws and cases, are illustrating how the company is exposed to large amounts of potential civil litigation (based on the incident with Virginia). ("Development of Sexual Harassment Law," 2010)

As a result, there should be a settlement provided of at least $6 million with a private apology offered for these events. This is because, she can claim that she was physically abused and that her supervisor allows this kind of behavior to occur. Out of fear for her safety and employment, she reluctantly engaged in certain actions. Moreover, management made no attempt to investigate and/or deal with any kind of complaints (other than their website that does not work).

Define sexual harassment, including both quid pro quo and hostile environment harassment. Which type(s) do you feel Pollard was a victim of (if either)? Provide law or a case to support your position.

Sexual harassment is when a person is subject to unwanted sexual advances from: a coworker, supervisor, student, third party or any… [read more]


Resolution of Legal Dispute Essay

… BSI promised to ship the equipment that included a 1000-Kilo Watts FM stereo transmitter and a 50-meter RF cable as soon as it received payment from Touch FM. The agreed amount was 3500 Euros for the transmitter, 500 Euros for the RF cable and additional 1000 Euros for insurance and shipping from Nice, France to Nairobi Kenya; Touch FM made the payment promptly. The payments were done electronically to BSI Electronics bank account and receipt of payment was confirmed.

The consignment arrived in Nairobi a week later, but the RF cable was missing. Dispute arose between BSI Electronics, Touch FM and the shipping company. Touch FM claimed that the full shipment did not arrive; BSI Electronics was firm and reiterated that they shipped the full package, while the shipping company maintained that the cable was not submitted for shipping. In addition, Touch FM claimed that they ordered for a stereo transmitter, but what they got was a mono transmitter. Touch FM felt short changed and established grounds for compensation from BSI Electronics. The firm took legal action by engaging lawyers to take legal action. However, BSI Electronics went quiet over the issue and did not respond to calls or emails from the lawyers, it totally disregarded the calls to attend to the issue.

Touch FM later approached the French Economic Mission (FEM) based in Nairobi Kenya, to help in resolving the dispute. The FEM established contacts, but failed to negotiate successfully with BSI Electronics leading to blacklisting of BSI Electronics. BSI Electronic stood their ground blaming Touch FM of mischief and remained quiet over the issue. None of the parties involved has ever resolved the issue.

References

Barlow, J.P. (1996, Feb 9). A Declaration of the Independence of Cyberspace. Retrieved March

19, 2012, from www.eff.org: http://www.eff.org/~barlow

Federal Communications Commission. (1996). The Telecommunications Act of 1996. Retrieved

March 19, 2012, from www.fcc.gov: http://www.fcc.gov/Reports/tcom1996.pdf

International Chamber of Commerce. (2001, June 6). Jurisdiction and Applicable Law in Electronic Commerce. Retrieved March 19, 2012, from www.iccwbo.org: http://www.iccwbo.org/id478/index.html… [read more]


Employment Law and ADA Discrimination Term Paper

… [footnoteRef:18] Anecdotally, friends from Korea often state that eyelid surgery in Asia has become incredibly popular and widely adapted as a competitive edge in the workplace. Those Asians who do not receive the surgery often find themselves discriminated against on… [read more]


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

… 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 correct the problem and bring the more purposeful wrongdoers to justice (and the novel likely wouldn't have been publishable). The same basic motivation can be applied to Rick, as well. Though there is definitely an element of greed driving Rick's actions, there is also the sense that derives real pleasure from his status above or outside the law, where he is able make decisions based on information he is not supposed to have, and to pull strings in order to…… [read more]


International Labour Law Term Paper

… ¶ … Professor Alston on the 'core labor standards' of the International Labour Organization (ILO), a review of how the Declaration goes against the original intent of the 1919 ILO tradition (ilo.org 2012). Pointing out that the intent of the… [read more]


Obtaining a Degree in Jurisprudence Term Paper

… ¶ … obtaining a degree in jurisprudence and becoming a practicing international attorney are longtime dreams of mine. To attain this goal, I intend to begin studying law by next year. Becoming a paralegal is, in my view, a tool to learn the intricacies and practical applications of the law, thereby affording me a greater understanding than the average law student and, thus placing me at an advantage in a highly competitive field of study.

I first became interested in the law upon joining the military. It is not a stretch to have a strong desire to defend our country turn into a passion for the laws that govern our freedoms, rights, and obligations. Further, it is imperative that our country be represented internationally by professionals who have had the opportunity to engage with diverse cultures and backgrounds. Although everyday law may be simply finding the rule and applying it, overall the law is subject to change and interpretation both intra and internationally. Rules and laws may be interpreted differently based upon ones cultural norms, therefore it is important to have a fundamental understanding of legal principles.

Although my background has primarily consisted of administrative duties and not the law, I feel that a great deal of the paralegals' responsibilities center around the administrative aspects of the law. By becoming a paralegal, I will be utilizing both my organizational and administrative background and skills. And, it is precisely these skills which make me an ideal candidate as a…… [read more]


Fire Service Law Research Paper

… Fire Service Law

Consensus standards are developed by specific industries in order to set forth broadly accepted standards of care and operations for certain practices. Standards are an effort by the industry or profession to self-regulate by setting up minimal… [read more]


Legal Memo Marshal Mathers Term Paper

… " For this reason the firm must conduct research as to whether Mr. Witwicky was on his front lawn or if he had ventured off of his front lawn into a right-of-way near the street on which he resides.

EXPLANATION

Mr. Witwicky was in his own yard mowing the yard and indicated to the officers that he was clearing out brush in the back yard. The neighbor of Mr. Witwicky stated in her statement to the police that she had seen Mr. Witwicky mowing his lawn. She did not state that she has witnessed him at any other location that day with the hatchet.

ANALYSIS

If the research finds that Mr. Witwicky never left his property then this firm will file a motion that the case be dismissed for lack of evidence.

CONCLUSION

The client, if found to have never left his property on the day of his arrest is not guilty of this charge and it should be dismissed.

III. HATCHET NOT A DANGEROUS WEAPON

RULE

Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227

EXPLANATION

This rule of law states that the person shall not carry "a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person."

ANALYSIS

The machete which Mr. Witwicky was carrying in a shoulder holster on his side was not a double edged instrument but had just the one single edge. Furthermore, the machete was not the type of instrument described in the rule of law stated above as it was not a stabbing instrument although it could be considered an adapted hunting knife.

CONCLUSION

Because the hatchet does not constitute a 'dangerous weapon' within the scope of applied meaning in this rule of law the charge against the client should be dismissed.

IV. CLIENT WAS NOT CONCEALING THE HATCHETT

RULE

Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227

EXPLANATION

The rule of law stated above requires that the person be carrying the instrument in a 'concealed' manner.

ANALYSIS

Statements given by both the arresting officers and the client's neighbor show that the hatchet was not concealed but in fact that they had seen the hatchet on the side of the client.

CONCLUSION

Because the hatchet was not concealed this charge should be dismissed.

V. SUMMARY AND CONCLUSION

The client was charged with carrying a concealed weapon in Detroit, Michigan pursuant to Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227. The initial facts in this case indicate that the client was not carrying a concealed weapon, was in fact, not carrying a dangerous weapon at all but instead was carrying a yard… [read more]


Briefing Case Law Term Paper

… ¶ … Briefing Case Law

Case Brief

Case name and citation

1996 WL 681971 (VABCA), 97-1 BCA 28, 642, VABCA No.4661, November 25, 1996

Key Facts

The University of California San Francisco medical center appealed a lower court decision that had validated a claim made by the Veteran's Administration. The VA wished to be reimbursed for the excessive costs of anesthesiology services the VA had already paid. The VA claimed that the increase in costs at the medical center was not justified because the contractor (the UC medical center) failed to provide supporting certified cost and pricing information for its 27% increase in services. The VA sought to recover the difference between what was paid and UC's payroll records, stating that the original payment for the services had been mistakenly authorized.

Legal Issue(s) Presented before Court

The VA alleged that the amount they were charged was far more than the actual costs of the procedures could possibly be and the VA is prohibited by law as a government entity from paying for administrative or indirect costs. The VA believed these costs the source of the exorbitant fees. When the VA officer did pay the costs, he was acting inappropriately, thus the VA demanded restitution. The contract did require the hospital to submit certified cost and pricing information, which it did not. UCSF, the contracting entity, said that it…… [read more]


Legal Research Research Paper

… Legal Research

There is a tendency in today's legal environment to over-emphasize the value of computer research and to ignore the traditional advantages offered by case books, legal journals, and legal treatises. Some in the profession are advocating the abandonment of all written materials and adopting computers and the internet as the exclusive source of legal research. Doing so, however, fails to recognize the inherent frailties of internet and computer research: the researcher must still be capable of developing concepts and analogies (Turley, 2010). Computers are incapable of developing either and it is still imperative that the person doing the research possess both abilities.

That being said the value of computers and the internet in the process of doing legal research cannot be overstated (Nolasco, 2010). For hundreds of years, legal research meant locking oneself in a library and meticulously working your way through volumes of case books using West key words until finding the legal support for the propositions of law that applied to the legal issue that you were researching. The nature of the law and its attendant ambiguities made this process laborious and the prevailing party in litigation too often became the party who was most patient or fortunate enough to find the needle in the haystack that was able to make the difference in a close case.

The beauty of a computer research is the speed at which results can be generated. Through the use of either Westlaw or Lexis a legal researcher with developed skills in the use of key words can avoid hours of paging through heavy piles of books. Lexis and Westlaw have both done an excellent job of preparing and uploading years of case history and made it available to the legal community. Today's modern law student has been raised using computers and is adept at utilizing key words to find the legal concepts and controlling law that supports the positions that they are attempting to defend. As indicated earlier, however, the ability to effectively use key words…… [read more]


Neo-Liberalistic Legal Concepts on Nations Literature Review

… 1 (2002).] [26: Anita Chan, and Jonathan Unger, "A Chinese State Enterprise Under the Reforms: What Model of Capitalism?," The China Journal 62 (2009).] [27: Ross Cranston, "Theorizing Transnational Commercial Law," Texas International Law Journal 42, no. 3 (2007).]

Impact… [read more]


Compare and Contrast Two Law Cases Essay

… ¶ … rules of law established in the following cases: The Slaughterhouse Cases and the Civil Rights Cases. What legal rights did the United States Supreme Court recognize in these cases? In your analysis be sure to include the relevant facts, issues, arguments, and reasons discussed in each case. Do you agree or disagree with the outcome of these cases?

The Slaughterhouse Cases and the Civil Rights cases, resolved by the U.S. Supreme Court in 1873 and 1883, respectively, are important cases in U.S. legal history, but both have proved controversial. The Slaughterhouse issue began in New Orleans over the filth and dirt in the city and the state attempts to enforce hygienic procedures. In 1869, the Louisiana legislature passed a law "to protect the health of the City of New Orleans" (Ross, 1998, p. 653). The law also granted a virtual monopoly to the Crescent City Livestock Landing & Slaughterhouse Company to slaughter animals in the vicinity. The legislative decision in exchange required that the Crescent City Company complied with the state provisions governing the hygienic procedures in the vicinity, including the "quality of facilities and products, output volume, and price of livestock" (the Slaughterhouse Cases, n.d.). The company was also obliged to allow independent butchers to work in the Company's facilities at a set rate. The butchers were not allowed to own independent slaughterhouses. Angered by the new law, a group of butchers in New Orleans sued Louisiana in a state court, claiming that their right to "privileges and immunities" clause had been violated.

The state courts decided that the Slaughterhouse Act was constitutional. The Butchers in response took the case to the Supreme Court which resolved it in 1873. The Supreme Court ruling, written by Justice Samuel Taylor Miller, stated that the law did not violate the "privileges and immunities" clause of the Fourteenth Amendment. The Court ruled that the Fourteenth Amendment empowered the Federal government to overrule state violation of rights belonging to American citizenship, but not to state citizenship. The ruling also stated that the Fifteenth Amendment prohibited discrimination based on "the slave race" but "did not guarantee that all citizens, regardless of their race, should receive equal economic privileges by the state" (Slaughterhouse Cases). The Crescent City Company was allowed to continue its operations as mandated by the Louisiana law.

The Civil Rights Cases involved five similar cases initially resolved by state courts. All five cases involved some form of institutionalized discrimination against African-Americans and were then reviewed…… [read more]


Business Law Products Liability and Negligence Research Paper

… Business Law

Products Liability and Negligence: With the evidence that Vioxx leads to an increased heart risk of heart attack and stroke, Merck is facing the issue of product liability. Product liability, a tort of negligence, holds manufacturers liable for negligently made goods that harm consumers. Manufacturers must meet the standard of care for reasonable manufacturers in the design, manufacture, and marketing of a product. With respect to Merck, this applies to a failure to warn of a danger of using Vioxx. Merck may be liable under this tort because it owes a duty of care to the users of the medicine and it is foreseeable that carelessness by Merck would impact that group. If the court finds that Merck was careless and did not meet the duty of care, it will be held liable for the damages to the plaintiffs. Competitors selling similar products with warnings may be considered evidence that Merck is not meeting the standard of care for a manufacturer in its industry. In some countries, if there is a defective product, Merck would be held strictly liable without consideration of negligence. Thus, depending on jurisdiction, liability may differ.

Categories of Damages: The four categories of damages Merck may have to pay are pecuniary, nonpecuniary, punitive, and aggravated. Pecuniary damages compensate for incurred, out-of-pocket losses, loss of future income, and cost of future care. Individuals that took Vioxx and suffered a heart attack or stroke could ask for payment for care and loss of income. Nonpecuniary damages compensate for pain and suffering, loss of life expectancy, and loss of enjoyment of life. The plaintiffs against Merck could claim to have lost life expectancy, suffered in their heart attack or stroke, and, afterwards, lost life enjoyment. Punitive damages are awarded to punish the defendant when the defendant has engaged in behaviour that is particularly offensive. If the court finds Merck's conduct egregious, it may award punitive damages. Aggravated damages are awarded when the defendant's reprehensible conduct causes intangible injury such as distress or humiliation. The plaintiffs against Merck may have suffered distress after taking Vioxx, as distress would be common with a heart attack or stroke. Thus, aggravated damages may also be proper.

Dispute Resolution and Litigation: Merck is facing a large number of lawsuits and the 20 that have been settled have already exceeded Merck's annual profit. Litigation is time-consuming with a number of steps including pleadings, discovery, trial, and appeals. These all incur attorneys' fees which quickly add up. Alternative dispute resolution may be a viable option for Merck. Their options are negotiation, mediation, and arbitration. Negotiation can be used to settle each of the cases, but those have already cost almost $5 billion. Mediation uses a third party that helps reach a compromise, which may help find a lower-cost solution that satisfies some of the claimants. Arbitration is binding and has a third party hear the dispute and make a ruling, similar to that of a court, but without the same extent of procedure. By…… [read more]


Business Knowledge of the Law Term Paper

… Business

Knowledge of the Law Is a Business Asset

Relationship between Ethics and the Law in Business

Why is knowledge of the law considered to be a business asset?

Whatever the power and influence of the lawyers prior to the… [read more]


Canadian Business and the Law Term Paper

… Financial ethics is Canada advocate for ethical behaviors in trading practices, sales practices, tax payment, consultancy services, trading conditions, financial contracting, auditing and executive compensation among others.

Ethics of human resource management advocate for ethical practices by employers in Canada… [read more]


Legal Implications of Being a Nutritional Consultant in California Essay

… ¶ … legal implications of being a nutritional consultant in the state of California. While being a nutritional consultant is not a profession that most would equate with being related to problems with the law, there are times when the recommendations that nutritional consultants give their clients can result in adverse effects, making the nutritional consultant liable. Wilson's () book, Legal guidelines for unlicensed practitioners, discusses how one may practice holistic therapies without any type of legal implications. It is replete with an overview of how the legal system works, disclaimer forms and consent forms, as well as a discussion of problems related to licensing.

In the state of California, a nutritional consultant can assess signs of nutritional deficiency in an individual and recommend certain foods, supplements, and lifestyle changes -- for example walking, yoga, etc. Though a nutritionist or nutritional consultant may possess quite a bit of knowledge about anatomy and physiology, it is against the law for a nutritional consultant to diagnose symptoms of a disease and prescribe any type of medication for it (Harrison 2011). Wilson notes that this can sometimes be a very harry thing for nutritional consultants to deal with. This can be especially true if patients have "self-diagnosed" or if they are coming to a nutritionist after getting a diagnosis already from a physician. Wilson points out that it is necessary to understand that nutritional consultants are not doctors and that they cannot and must not claim to be able to cure a person of anything. The role of the nutritional consultant is only to give clients nutritional information that they feel would benefit them. A nutritional consultant can get into trouble with the law in California if they suggest that someone leaves their current doctor or that a person should stop taking the medication that was prescribed by his or her doctor. These rules are quite strict, but they are necessary in order to make sure that the nutritional consultant knows the boundaries of their profession and what it means in terms of the law and the legal implications that can go along with not abiding by the law.

Some of the precautions that can and must be taken are to have a "Client Statement" form, which is similar to a disclaimer (Harrison 2011). This client statement form gives the client a very clear reference that tells them that the nutritional consultant is not and never will be in the business of diagnosing anyone or curing anything. The nutritional consultant must have the client agree to and sign this form is imperative. The client should keep a copy for his or her own records and the nutritional consultant should keep one for his or her own records in case…… [read more]


International Law Assess the Legality Seminar Paper

… 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… [read more]


Law and Business When Glenn Assessment

… ¶ … 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… [read more]


Dog Bite Florida Law Only Representing Person Bitten Essay

… starting point for this legal analysis is Florida Revised Code section 767.04. The statute has three essential elements. First, it imposes strict liability on the dog owner.

This means that the Plaintiff will not have to demonstrate that the dog was either vicious or had a prior history of biting. Secondly, the statute also establishes the doctrine of comparative negligence and, therefore, any behavior by the Plaintiff that might be construed as contributing to the injury might be used to offset the potential damages. Finally, the statute provides a defense to the dog owner's liability through the use of the "Bad Dog" exception. The defense allows the dog owner to avoid liability by prominently displaying a sign warning of the dog's presence.

Defendant's Display of Warning Sign

The law in Florida has long been that a dog owner will not be liable for injuries caused by his dog where he prominently displays a sign on the premises warning of the dog's presence.

According to deposition testimony by the defendant, Jimmy Taylor, there was a sign to the side of his driveway that was clearly visible, however, the wording of the sign, "Beware of the Dog," does not adhere to the exact wording of the statute granting the defense. Under the terms of the statute the sign must contain the words "Bad Dog" and the defendant's own testimony clearly indicates that his sign did not include such language. This failure by the Defendant may open the door for the court to disregard the availability of this defense.

It should be pointed out that the Plaintiff claims to not have seen the warning sign. This claim, however, has no bearing on the application of the defense. The fact that she did not see the sign will not serve to change the outcome as the case law clearly states that the failure to notice a prominently displayed sign does not prevent the application of the statutory defense.

I. Plaintiff's Voluntarily Exposed to Herself to Potential Injury

The fact that the Plaintiff also voluntarily placed herself in a position of danger may also serve to affect the Defendant's liability in this action.

In the preliminary notes it was reflected that the Ms. Buffet was initially out of the reach of the dog but voluntarily placed herself within his reach when she moved to acquire a piece of sponge cake.

In mitigation of Ms. Buffet's actions, she did rely upon the fact that the dog appeared to be properly tethered at the time…… [read more]


Natural Law Term Paper

… Natural law theory is one of the main significant theories in the viewpoint of Classical Realism. It is also extensively mistaken by many whom both have not taken the time to examine it or have heard of it and put it aside as a medieval relic. The notion of natural law has appeared in numerous structures. The design started with the ancient Greeks' formation of a world ruled in every way by an outside, unchallengeable law and in their difference amid what is just by nature and just by principle. Stoicism offered the most absolute traditional shaping of natural law. The Stoics challenged that the world is ruled by rationale, or balanced standard; they additionally challenged that all people have cause within them and can consequently know and comply with its rule. Since people have the facility of option, they will not unavoidably follow the law; if they proceed in agreement with rationale, nevertheless, they will be abiding by nature (Dolhenty, 2003).

Christian philosophers eagerly modified Stoic natural law theory, recognizing natural law with the law of God. For Thomas Aquinas, natural law is that division of the eternal law of God which is predictable by people by way of their rules of cause. Human, or affirmative, law is the function of natural law to exacting social conditions. Like the Stoics, Aquinas thought that an affirmative law that infringes natural law is not accurate law. With the secularization of civilization ensuing from the Renaissance and Reformation, natural law theory established a new foundation in human reason. The 17th-century Dutch jurist Hugo Grotius thought that people by nature are not only sensible but social. Thus the regulations that are natural to them, those uttered by cause alone are those which allow them to exist in agreement with one another. From this dispute, Grotius came up with the first all-inclusive theory of international law (Dolhenty, 2003).

Natural law theory ultimately gave birth to an idea of natural rights. John Locke disputed that people in the state of nature are free and equivalent, yet unconfident in their liberty. When they come into civilization they give up only such privileges as are essential for their safety and for the widespread good. Each person holds on to basic freedoms taken from natural law connecting to the honesty of person and property. This natural rights theory offered a philosophical foundation for both the American and French revolutions. Thomas Jefferson utilized the natural law theory in order to validate his idea of inalienable rights which were confirmed in the United States Declaration of Independence (Dolhenty, 2003).

Throughout the 19th century natural law theory lost authority as utilitarianism, materialism, positivism, and the historical school of jurisprudence became prevailing. In the 20th century, on the other hand, natural law theory has established new awareness, partially in response to the increase of totalitarianism and an augmented attention in human rights all through the world (Dolhenty, 2003).

Natural law theory is a philosophical and legal conviction that all people are ruled… [read more]


Legal Value of the Universal Declaration of Human Rights Essay

… Legal Value of the Universal Declaration of Human Rights

Human rights may have varied definitions but all those definitions revolve around a similar idea; necessary and inalienable rights that belong to all humans without which humans can neither enjoy freedom… [read more]


Trace the Development of Law Essay

… ¶ … Trace the development of law from the Babylonian Code of Hammurabi to the Romans. Include in your discussion the Judaic concept of law and how it differed from both Babylon and Rome.

Although legal codes apparently date from… [read more]


Legal Process There Are Several Federal Laws Research Paper

… Legal Process

There are several federal laws that prohibit employment-related discrimination on the basis of a disability. Violations often include things related to hiring, reasonable accommodations, training, advancement, benefits, or dismissal, or a range of other employment-related matters. People who think that they have been discriminated against should evaluate their situations and then take actions that are deemed appropriate. The first step is to look at the laws that forbid employment-related discrimination on the foundation of disability. The primary law is: Title I of the Americans with Disabilities Act (ADA) prohibits private sector employers and state and local government agencies that employ 15 or more individuals from discriminating against qualified individuals with disabilities in all aspects of employment (What to Do If You Think You Have Been Discriminated Against, 2002).

The second step is to attempt to resolve the problem at the lowest level possible. Current employees should talk about the situation with their own supervisors and with upper level management. One should try to figure out whether the employer has a policy for resolving these conflicts internally. Many companies have put into place an official Alternate Dispute Resolution (ADR) procedure. This means that the parties concerned agree to follow specific guidelines in an attempt to avoid costly, time-consuming legal battle. Section 513 of the ADA encourages the use of ADR, naming settlement negotiations, conciliation, facilitation, mediation, fact-finding, materials, and arbitration as examples. The rules implementing WIA Section 188 require that covered entities provide ADR as an option for resolving discrimination grievances. The third step if the problem remains unresolved, the individual may consider filing a complaint with the appropriate government agency or seeking legal advice (What to Do If You Think You Have Been Discriminated Against, 2002).

Mediation is a casual and confidential way for people to determine disputes with the help of a neutral mediator who is trained to help people discuss their problems. The mediator does not come to a decision about who is right or wrong or issue a decision. As an alternative, the mediator helps the parties come to their own solutions. One of the best benefits of mediation is that it lets people to resolve problems in a friendly way and in a way that meets their own unique desires. A dispute can be resolved faster through mediation than any other method. It usually takes about three months to resolve a problem through mediation. It can take 6 months or longer for an incident to be investigated. Mediation is fair, proficient and can help the parties avoid a lengthy investigation that often leads to litigation (Mediation, n.d.).

Not long after an allegation is filed with the EEOC, they will contact both the employee and employer to see if they are interested in participating in mediation. The choice to mediate is totally voluntary. If either party turns down mediation, the allegation will be sent to an investigator. If both parties agree to undergo mediation, it will be scheduled and conducted by a skilled and knowledgeable… [read more]


Legal Management the Legal Issues Book Review

… Legal Management

The Legal Issues of Management: Case Scenarios

Chapter 2-Case #1: The scenario described by the case in question offers a clear-cut case of sexual harassment. An individual who has succeeded on the strength of her professional merits is here being objectified and exploited on the basis of her own desire for advancement. This is a particularly inappropriate gesture insofar as it pins Bancroft's ambition for professional growth to her willingness to be objectified thusly. This creates a working atmosphere in which Bancroft must defend her professional integrity at the risk of her own career. That she has been placed in this position is particularly troubling as little can be done on her behalf to avoid confrontation short of simply complying with the unreasonable requests of her superior.

As the confrontation has already been created, it seems that Bancroft has little recourse but to seek mediation through the Human Resources department. Indeed, her only option in this scenario is to politely refuse her employer's requests on the grounds that the request has made her uncomfortable. Thereafter, a formal complaint must be filed which outlines the nature of the request and her personal perception on how this has created an inherently hostile working environment.

With respect to the role of Human Resources, any HR personnel which might have been in earshot of this conversation would have a responsibility both of confronting the offending party and of using this as an opportunity to engage a process of formal sensitivity and ethics training. Further, investigation should be conducted to determine if other members of the firm have been made to feel uncomfortable in the ways that confronted Bancroft and, if a pattern or culture of sexual hostility can be established, dismissal of critical personnel such as the subject of Bancroft's complaint might be appropriate.

Chapter 3-Case #5:

Boomer's case is a useful reference point for consumers who would desire to know their rights with respect to service contracts with major corporate service providers. Here, the customer and litigant individual has accepted the terms of a contract with at&T through his own inaction. According to the case scenario, Boomer had been provided with terms that were clearly stated indicating that his long-distance rates would be going up and that he had the right to contest these changes in his terms. Moreover, Boomer has been explicitly presented with the claim that any such contest would be resolved by a legally binding arbitrator rather than through a full-fledged process of civil litigation.

As we review the language used in a legal precedent invoking Boomer's case, that of Ragan and Mangiariacino v. at&T, it becomes clear that Boomer is in all regards subject to compliance with the terminology used in this statement. As the statement had been issued in direct correspondence with already agreed upon terms which had brought him into contract with the service in question, the precedent here cited denotes that Boomer's legal rights are shaped by these terms. Accordingly, the case cited here… [read more]


Employment Discrimination Research Proposal

… Workplace Discrimination

Jurisprudence in Workplace Discrimination: Defining Discrimination in Griggs v. Duke and Beyond

Laws are seldom as finite and concrete as they are often perceived by the public and portrayed in the media. They are often somewhat ambiguous, even… [read more]


Problem of International Law and Its Enforcement Essay

… ¶ … International

Law And Its Enforcement

ABBRIEVIATIONS

CIL:

Customary International Law (Kontorovich 2006, ¶ 1).

CISG:

Contracts for International Sale of Goods (Cuniberti 2006, ¶ 1).

FDI:

Foreign Direct Investment (Thomas 2006, ¶ 1).

GATT:

General Agreement on Tariffs… [read more]


Law School Personal Statement Research Proposal

… Law School Personal Statement

I have gone through enormous challenges in my lifetime, some brought about by external factors and numerous by my own indecisions and bad decisions in life. However, every time I have managed to come out on top and focusing on work seems to have always been the right instrument to pull my through a personal crisis. Despite my Bachelor Degree in Business Administration, obtained in the Fall of 2008, I have always felt that time and life challenges have never given me the appropriate time to spend with my academic career and with learning in general -- at least not to the degree that I wanted to allocate as much time as possible for this segment of my life.

With my career safely assured and with a dedicated course that included promotions in 11 years from quality manager to Director of Quality for three different divisions to Operations Manager for the Medical Division at my company and, eventually, to Operations Manager in charge of two different divisions, I would like to compensate for some of the missed time on my academic development.

This is obviously not the only reason why I would like to enroll in law school. While deciding what the best way to pursue my education would be, I weighed different the different options according to a framework that involved different factors. First of all, the academic challenge was important. I have managed to achieve a Bachelor Degree in Business Administration, as mentioned in the previous paragraphs, and this was certainly an intellectual challenge, not only because of the complexity of the subjects involved, but also because I was working at the time and had to manage my time wisely between school and work. Going to law school would bring similar challenges, the one I am most interested in being the intellectual challenge. The courses in law school will definitely be of a different type than what I have encountered in completing my BA in Business Administration and I definitely look forward to this new challenge.

On the other hand, ever since my childhood and adolescent days, when my challenging family environment allowed me to make my own decisions and meant that I received no appropriate guidance, I turned to reading and learning as an alternative to that. I read a lot in high school and I was able to accumulate knowledge and information. The brief stint in learning about engineering concepts and principles, in the Mechanical Engineering program that I…… [read more]


Aspect of Legal System in Democratic Republic of Congo Research Proposal

… ¶ … Legal System in Democratic Republic of Congo

Administrative Law

administrative law in the democratic republic of the congo

The Democratic Republic of Congo (DRC) was known previously as Zaire. This area is situated right on the equator in Central Africa. The Pygmies were the first inhabitants of this area of the world and were individuals that resided on the outer edge of the forest located on the Equator as well as other part of the Democratic Republic of Congo. The Democratic Republic of the Congo is a "nominally centralized republic with a population of approximately 60 million." (U.S. Department of State, 2009) Following two wars, the first from 1996-1997 and the second from 1998 to 2003, the Democratic Republic of Congo (DRC) organized its first elections which is "labeled as 'free, democratic and transparent' after more than 40 years." (Media Sustainability Index, 2006-2007) president was elected "...by universal franchise for a five-year term and a national assembly of 500 representatives, a Senate, provincial assemblies, and provincial governors were installed, thus inaugurating the era of the Third Republic." (Media Sustainability Index, 2006-2007) It is reported that there were some complications during the elections and a scandal occurred relating to the "seating of provincial governors. In some provinces, local electros who voted for provincial electros noticed discrepancies in the final results. Serious suspicious of massive corruption and faulty conscience hung over the presidential majority." (Media Sustainability Index, 2006-2007) It is reported that a panel was formed and indicators scored by the panelists. Arising from the panel was an agreement on the part of all participants that the 'greatest weakness in the DRC is generally the application of the laws and the impunity of the lawbreakers." (Media Sustainability Index, 2006-2007)

I. ADMINISTRATIVE LAW IN THE DRC

Administrative law in the DRC is the branch of law which provides the definition and regulation of public administrative law. The DRC Constitution, in Article 193 provides a definition for the administration as being comprised by the civil service and other organizations and services. Therefore, the administrative law is applicable to "among other areas, the management and delivery of public services, tenders, and the status of civil servants." (Zongwe, Butedi and Phebe, 2007) Additionally provided for in the DRC Constitution is that "the Congolese public administration is apolitical, neutral, and impartial." (Zongwe, Butedi and Phebe, 2007)

The mandate of the state to "enact important legislation (loi organique) derives from the Constitution "...on the organization, function of national, provincial and decentralized administrative entities." (Zongwe, Butedi and Phebe, 2007) Presently public administration is being modernized by the government of the DRC and stated as the "most important and challenging reform" upon which the government has embarked is the decentralization of government in the DRC. Constitutional law and administrative law are stated to be very closely linked since the concern of administrative law is efficiency of the administration of law as well as "the respect by the Congolese administration of the citizens' fundamental rights, as provided for in… [read more]


Environmental Crime Tort Laws Are Designed Essay

… Environmental Crime

Tort laws are designed to protect individuals, groups or organizations against undue harm as a result of malice, negligence of willful recklessness. The key characteristics of tort concern the nature of the relationship between plaintiff and defendant, the… [read more]


Legal Formalism and Legal Realism Essay

… Legal Formalism & Legal Realism

There has been a strong debate between the supporters of legal formalism and legal realism for years. The fact that the issue continues to remain an important topic for the public agenda suggests that, as the world changes, nothing becomes more simple, but rather the opposite.

One can not discuss ethics without bringing into discussion Aquinas' conception regarding natural law. According to him, the fundamental principle that should be at the core of all human actions is represented by the natural law. Since the law is natural, that is, deriving from nature, this implies that all the humans understand it and must obey it, pursuing good and avoiding evil.

Furthermore, it is suggested that it is known a priori if a fact is good or evil. In addition, there is a set of rules which guide the behaviour of people in the right direction. Therefore, there is a passage from the moral law to the civil one, that is, the eternal laws are translated into laws which can be applied to specific situations. It is important to underline that in Aquinas' conception, the moral law and the rational nature of humans are considered identical. If people are rational because this is their nature, then acting accordingly to their nature is that what one can define moral.

Another important relation of equality is the one between law and morality. Blackstone, just like Aquinas, believed that this universal law comes from God and therefore it has a divine character. The validity of the human laws derives from their respecting the divine law.

It is very interesting to interpret these concepts when analyzing the different approaches to the application of the law represented by legal formalism and legal realism. According to legal formalism, just like in Aquinas' opinion, it is known a priori whether an action is good or evil. The laws are made in order to be applied as they are, because they have been conceived and formulated in the most appropriate manner. As a consequence, the role of the judges is to merely apply the laws and not to interpret them. Interpreting them should mean imposing a personal view upon a situation which is best described by an already existing law.

If the laws derive from the human nature then the judges should not have any reason in order to modify them (they can not be outside their own nature). Nevertheless, taking into consideration the fact that their duty is to do their best in order to serve the Law, an initiative to interpret the laws might suggest that there is something worth changing or modifying in order to better apply the moral principle.

In addition, one might bring into discussion the relation between Law and Morality. If the works of Aquinas and Blackstone the two concepts could replace one another, it appears that in the contemporary world this synonymy is no longer possible. The truth is that the cases tend to be so different, despite… [read more]


Rules Rights and Justice Research Proposal

… ¶ … English legal system:."... The law is never static, it is always changing, being reinterpreted or redefined, as regulators and judges strive with varying degrees of success to ensure that the law constantly reflects changes in society itself..." (Harris,… [read more]


Real Estate Eminent Domain Thesis

… Constitutional Law: Real Estate Eminent Domain in Los Angeles, California

The objective of this work is to find one legal case from which an eminent domain event occurred in Los Angeles, California, within the past five years. Furthermore, this work… [read more]


Legal Writing Honigsberg's Compilation From the Gilbert Essay

… 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…… [read more]


Criminal Law Civil Liberties and Issues Term Paper

… 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 had to sue the Department of Defense using the Freedom of Information Act) (printed easily thanks to "printer friendly" software on the ACLU site), it appears that the Special Operations officers in Gardez, Afghanistan, used illegal tactics on prisoners.

The information obtained reveals that the Special Operations unit "beat, burned, and doused eight prisoners with cold water before sending them into freezing weather conditions" (ACLU, 2008). One of the eight prisoners died in March 2003; he was Jamal Naseer. A criminal investigation into Naseer's death (by the military) resulted in the military announcing that Naseer's death was due to "a… [read more]


Business - Law Business Law Issues Term Paper

… Business - Law

Business LAW ISSUES

The Commerce Clause of Article One reserves to Congress the power to "regulate commerce...among the several states." The proposed rule cannot survive the exercise of Congressional authority opposing it. The Necessary and Proper Clause of Article One provides for congressional authority to "make all Laws which shall be necessary and proper for carrying into Execution...all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." That power includes the authority to invalidate contradictory state laws. The Privileges and Immunity Clause of Article Four guarantees that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States," which includes the right to travel freely among and between all individual states. The proposed law violates the Privileges and Immunities Clause.

"Employees at will" cannot sue for wrongful discharge if the reason for…… [read more]


Roman Civil Law Term Paper

… Roman Law

The Praetor is commonly described as the gatekeeper of common sense in the Roman legal system. Discuss. Was he effectively a legislator?

The position of praetor was developed to create a new, more flexible system of law that… [read more]

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