"Law / Legal / Jurisprudence" Essays

1234. . .Last ›
X Filters 

Fire Service Law Research Paper

Research Paper  |  10 pages (3,242 words)
Bibliography Sources: 10

SAMPLE TEXT:

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 operating, performance, or safety standards, and they institute a recognized standard of care. They are written by consensus committees made… [read more]


Obtaining a Degree in Jurisprudence Term Paper

Term Paper  |  2 pages (497 words)
Bibliography Sources: 0

SAMPLE TEXT:

¶ … 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]


International Labour Law Term Paper

Term Paper  |  6 pages (1,905 words)
Style: Harvard  |  Bibliography Sources: 6

SAMPLE TEXT:

¶ … 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 ILO was to serve as a globally represented oversight in setting standards for International labor laws through use of conventions.… [read more]


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

Book Report  |  3 pages (960 words)
Bibliography Sources: 1

SAMPLE TEXT:

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]


Liability the Case With Virginia Pollard Case Study

Case Study  |  3 pages (1,331 words)
Bibliography Sources: 3

SAMPLE TEXT:

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]


Business Law Ethics Special Term Paper

Term Paper  |  3 pages (870 words)
Bibliography Sources: 0

SAMPLE TEXT:

Unfortunately, in the facts of the actual case, the whistle-blowing plaintiff was let go from the firm. The defendants discharged him as a result of his insistence that L.L.'s misconduct be reported, although this reporting was required by DR 1-103(A). According to the cast that resulted, "in the fourth cause of action, he [Wieder] alleges that the firm's termination constituted a breach of the employment relationship. In the fifth cause of action, he claims that his discharge was in violation of public policy and constituted a tort for which he seeks compensatory and punitive damages."

But in the decision-making by the court, the court feared that upholding such a standard in the case would place an undue burden on employers, namely that obligation could be implied which would be inconsistent with other terms of the contractual relationship. "Thus, in the case now before us, plaintiff's employment was at will, a relationship in which the law accords the employer an unfettered right to terminate the employment at any time. In the context of such an employment it would be incongruous to say that an inference may be drawn that the employer impliedly agreed to a provision which would be destructive of his right of termination." Ethically, the plaintiff may have been sound and the defendant's decision unsound, but the court feared setting a precedent regarding employment that could be legally abused, given the right to terminate clause in the employee's contract. (NY Court of Appeals Collection, 2004)

In 1994, a total of 125 midshipmen at the United States Naval Academy at Annapolis were suspected of being involved in a cheating scandal that affected the results of an electrical engineering examination. A civilian panel was convened to investigate the allegations of cheating. The honor code of the Naval Academy is based on the premise that officers in the United States Navy should not lie, cheat, or steal. Clearly, if the 125 midshipmen accused of cheating really did so, they violated the ethical character traits of honesty, integrity, and fairness. However, what about those midshipmen who knew about the cheating but did nothing to stop it or report it later? Were they obligated to step forward and inform their superiors of the activities of their fellow students? Would protecting fellow students violate or support the ethical character traits? Explain.

The honor code at the naval academy does not require students to turn in other students. However, the students who cheated put the integrity of all student exam results into question, as the cheating had an undue advantage in their performance.… [read more]


Legal Profession and Stratification Term Paper

Term Paper  |  2 pages (927 words)
Bibliography Sources: 1+

SAMPLE TEXT:

¶ … Legal Profession and Stratification

Ironically, while the law is designed to be one of the great leveling agents of American society, the study and practice of law has become one of the most stratified professions in American society. There are vast discrepancies between the quality of students admitted to various law schools based upon the entering applicants LSATs and GPAs, as well as the exiting salaries of those same candidates. Polls show the lack of respect various legal professionals receive upon leaving law school, depending on what and where these professionals wish to practice. The stratification of legal salaries, in terms of corporate and public interest attorneys, of quality of law schools, of salaries of lawyers who reside in different geographical location, and increasingly different specializations simply within the profession itself can only bode ill for the American justice system. In terms of the quality of legal representation and increasingly specialized emphasis of different attorneys, it is more and more difficult for ordinary Americans, much less indigent Americans, to receive quality legal representation.

One lawyer specializing in legal ethics notes "today the legal profession" is larger and more "diverse and specialized," than ever before in its history. (Newton, 2005) but more diversity and selection does not always lead to better quality attorneys. In fact, what has happened is "that certain previously accepted norms of conduct or morality" have become "strained" between attorneys given the diversity of kinds of practice of law, and the different levels of proffered legal representation in different areas of the country. The expanding numbers of lawyers in the country mean that the best lawyers can pick and chose the best salaries -- usually exorbitant ones in the Northeast. (Newton, 2005) stratified profession is also less ethically accountable from the lawyer's perspective -- and as lawyers are more specialized, they understand less and less of what their colleagues are doing. From a client's point-of-view these factors they can be less certain that they are receiving quality legal representation, depending on how much they can pay, where they live, and the ethics of the specific legal segment they are dealing with, in the profession. Diversity of specialization thus is not necessarily client friendly. Despite the increased stress upon minority recruitment in many law school environments, the stratification of different ranks of lawyers beyond that of race has become increasingly common early on in legal education, given the vast variations in reputations between different schools. (LSAC, 2005) Diversity of faces may be a bonus, but not necessarily an early diversity of legal specialists.

Of course, the American Bar Association sets specific standards for legal education. It notes in its curriculum statement that the past years have "been a decade of dynamism in legal education. From the first year required curriculum…… [read more]


Difficult Conflicts Anyone Term Paper

Term Paper  |  3 pages (1,475 words)
Bibliography Sources: 0

SAMPLE TEXT:

To determine the rate that I would suggest my firm charge for my services, I would perform another type of investigation. The first thing I would do is to consult with paralegals in firms of similar size and similar structure, to determine at what rate they bill their paralegals' work. Second, I would investigate the billable rate for the attorneys… [read more]


Law and Philosophy Holmes' "Bad Term Paper

Term Paper  |  1 pages (322 words)
Bibliography Sources: 0

SAMPLE TEXT:

The United States constitution is the embodiment of higher law because it reflects the almost religious nature of respect for legal authority.

According to Levi, legal reasoning is a three-step process: first, recognizing similarity between a current and prior case; second, discovering and formally announcing the rule of law inherent in the prior case; and third, applying the rule of law to the second case. Whenever possible, establishing precedent has thus become a hallmark of legal reasoning for case law, statutory interpretation, and constitutional interpretation. In some cases, no prior case applies, or the judge does not deem the prior case relevant to the pending one. Levi's principles demonstrate that the law is flexible and dynamic, even if certain rules can apply in different times to different situations. Comparing cases can ease the process of statutory or constitutional interpretation. Referring to precedence enables continuity of law; the same rules can be applied to different cases.… [read more]


Rule of Law Legitimate? Term Paper

Term Paper  |  6 pages (2,531 words)
Bibliography Sources: 1+

SAMPLE TEXT:

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… [read more]


Workers Compensation Law Term Paper

Term Paper  |  4 pages (1,136 words)
Bibliography Sources: 1+

SAMPLE TEXT:

While strict liability includes vulnerability of using ultra dangerous machines or indulging in risky activities. Negligence, as the term suggests is failure to employ reasonable or required care and precaution for the prevention of undesirable accident.

But under the tort system, workers often did not recover damages. Those who did had to endure delays and high costs in the process. Even though the employers generally were treated with sympathy in the courts, still, they were exposed to high risks for gigantic and unpredictable losses if the employers were successful in the courts. However, with time both employers and employees came to a mutual agreement of resorting to court wherein they would receive predictable compensation without delay, regardless of who was at fault. Under an exclusive remedy concept, employees accepted the worker's compensation as part of the payment while giving up the right to sue the employer by return.

In 2002, the law covered 125.6 million workers, (Thompson Williams 2004). The total wages of workers given the protection of Workers compensation law were $4.6 trillion while the total worker's compensation benefit payments were $53.4 billion amounting to $1.16 per $100 of the covered wages.

CASE STUDY

Recently, the Superior Court of New Jersey turned down a lower court's decision, judging that the death of a security officer on the job while playing Russian roulette is not entitled to compensation benefits.

Bruce Money, who worked as a security officer for an armored truck company by the name of Coin Depot Corporation, was required to carry a handgun on the job. In the August of 1989, Money took out his gun while on job, putting one bullet in the handgun's cylinder and spinning it, placed the gun against his chin and pulled the trigger. The first time the gun did not discharge, but the second time it fired killing him instantly.

His widowed wife filed a worker's compensation claim requesting survivor's benefits from the company. After a 4 day hearing, the judge declared that Money died in an accident arising out of employment, meaning thereby, he did not mean or wish to kill himself. And that the co-workers had told the employer's inclination towards playing Russian roulette.

In execution of this decision, the judge placed his judgment on other cases where employers who made the employees handle dangerous instruments (weapons for instance). Under these considerations the employer was liable of Workers Compensation under the clause of strict liability as mentioned earlier. The judge also pointed out that Money's indulgences in the Russian Roulette was in the employer's knowledge meaning thereby that the company knew of and ignored the activity.

According to Money's attorney, David Walker of Thomas Hood, P.A., Plainfield, New Jersey, the case signifies a shift of the legal attitude towards workers' compensation. The previous workers compensation cases brought forth took a broad view deciding whether incidents were related to work under workers' compensation law. Thus ff an incident occurred on job or while an employee was in service of his or… [read more]


Legal Environment of Business Term Paper

Term Paper  |  10 pages (2,863 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Legal Business Environment

Legal Environment of Business

Modern businesses have to operate under a variety of laws and regulations. The business manger has to ensure that all federal and state mandate laws are followed to avoid litigation and penalties. In addition to the laws on the books the businesses also have to be sensitive to the public opinion and ethics.… [read more]


Autonomy of the Law Term Paper

Term Paper  |  8 pages (2,727 words)
Bibliography Sources: 1

SAMPLE TEXT:

Autonomy of the Law

The executive, legislature and judiciary are the three branches of the national government in United States. Speaking on the occasion of 2003 Law-Day, President Bush highlighted the independence of the judiciary as an important pillar of the administrative system. He said, "Our constitutional system of separation of powers places careful limits on the powers of judges… [read more]


Law Movie Analysis and Research Silkwood Term Paper

Term Paper  |  4 pages (1,566 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Law Movie Analysis and Research

Silkwood like many other movies, e.g. The Insider, Erin Brockovich, Norma Rae, deals with the problems of corporate America, a greedy, corrupt, criminal corporate America that exists only for the quick profit and would do anything and everything to make more and more money. The employees, consumers and people living next to the industries are… [read more]


Crossing Borders: Agency Law and the Global Term Paper

Term Paper  |  3 pages (940 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Crossing Borders: Agency Law and the Global Economy

The Internet has an effect on almost any aspect of business. It affects marketing, cash flow, and legal issues. The advent of e-business has caused many businesses to re-examine many legal issues regarding international trade, particularly in the area of dispute resolution. The following will briefly examine how e-business and the global economy have changed the way many think about agency law.

Applications of Agency Law in the Business Environment

Agency law represents a specific set of concepts and doctrines that are applicable to a number of situations in which a person's conduct can have ramifications for the legal position of an entity (Demott, 2006). The actions of a single employee can have an impact on agency liability. Agency law defines the circumstances under which a relationship can be classified as an agency relationship, rather than as the actions of individuals. This can arise from the creation of rights and obligations regarding a transaction, the agent's knowledge of the action, and amount of liability that the agency derives from the acts of the individual.

Agency law also determines the rights and duties between the principal and agent (Demott, 2006). As one can see, agency law serves as a means to define legal relationships between an individual and a business entity. The International market was once only the realm of the large corporate entity and had a fairly consistent formal set of rules. The Internet has meant the entrance of many small and medium sized businesses into the International marketplace. The entrance of different types of business entities has resulted in a need to find new definitions for business relationships.

When two entities are similar, then the transaction and relationships are easier to define than if the two entities have different structures and philosophies regarding their employees. Agency law varies from country to country. The advent of e-business has complicated agency law in many ways. For instance, what happens when an employee uses the company email to send out illegal personal messages? How much liability does the company have for consequences of the act? How much liability do employees have for the actions of upper management? The issues surrounding questions such as this are many, and straight answers are few.

Types of Business Entities

There are many different types of business entities, each of which has a drastic effect on the definition of agency law. Many small businesses are sole proprietorships, or partnerships. In these types of businesses the entities themselves often carry the greatest amount of legal liability stemming from the actions of either themselves or their direct employees. Agency law tends to favor personal responsibility in cases involving sole proprietorships or partnerships.

Many states in the United States allow the formation of a Limited Liability Corporation (LLC), which is similar to…… [read more]


Corporate Civil Procedure &amp Constitutional Law Term Paper

Term Paper  |  32 pages (10,293 words)
Bibliography Sources: 1

SAMPLE TEXT:

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 the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain… [read more]


Antitrust Laws Are Case Study

Case Study  |  4 pages (1,187 words)
Bibliography Sources: 1+

SAMPLE TEXT:

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]


Legislative Ethical and Legal Regulatory Compliance Term Paper

Term Paper  |  5 pages (1,588 words)
Bibliography Sources: 5

SAMPLE TEXT:

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 businesses and government entities around the country. There are several laws that have been enacted in order to facilitate the… [read more]


Resolution of Legal Dispute Essay

Essay  |  2 pages (680 words)
Bibliography Sources: 2

SAMPLE TEXT:

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]


Law Term Paper

Term Paper  |  3 pages (1,044 words)
Bibliography Sources: 3

SAMPLE TEXT:

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]


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

Research Paper  |  3 pages (865 words)
Style: Chicago  |  Bibliography Sources: 5

SAMPLE TEXT:

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]


Statutory Interpretation Is Indeed Essay

Essay  |  11 pages (3,253 words)
Style: Harvard  |  Bibliography Sources: 20

SAMPLE TEXT:

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 be found in the Human Rights Act of 1998. This states in s.3(1) that so far 'as it is possible… [read more]


Volition and Contract Law Research Paper

Research Paper  |  10 pages (2,739 words)
Bibliography Sources: 0

SAMPLE TEXT:

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 under the age of eighteen as minors or infants. However, voluntariness is about a person of sound mind committing to… [read more]


Business Law in 1960 Essay

Essay  |  2 pages (663 words)
Bibliography Sources: 3

SAMPLE TEXT:

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]


Law Tradition Essay

Essay  |  2 pages (724 words)
Bibliography Sources: 1+

SAMPLE TEXT:

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]


Tort Law and Trident Diving Term Paper

Term Paper  |  2 pages (948 words)
Bibliography Sources: 1

SAMPLE TEXT:

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]


Constitutionality of a Postcard-Only Mail Essay

Essay  |  8 pages (2,487 words)
Bibliography Sources: 1+

SAMPLE TEXT:

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 pointed out that an additional 30 to 60 minutes of time spent screening would be exactly the kind of easy… [read more]


Hotel Sent the Security Guard Research Paper

Research Paper  |  3 pages (1,125 words)
Bibliography Sources: 0

SAMPLE TEXT:

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

Case Study  |  4 pages (1,385 words)
Bibliography Sources: 0

SAMPLE TEXT:

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

Term Paper  |  3 pages (909 words)
Bibliography Sources: 0

SAMPLE TEXT:

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]


Employment Law &amp ADA Discrimination Term Paper

Term Paper  |  8 pages (2,468 words)
Bibliography Sources: 12

SAMPLE TEXT:

[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 the basis of stereotypes. It is not difficult to imagine, that likewise, there may emerge a time when it is… [read more]


Legal Memo Marshal Mathers Term Paper

Term Paper  |  4 pages (1,100 words)
Bibliography Sources: 1

SAMPLE TEXT:

" 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]


Neo-Liberalistic Legal Concepts on Nations Literature Review Chapter

Literature Review Chapter  |  14 pages (3,886 words)
Bibliography Sources: 30

SAMPLE TEXT:

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 of Neo-Liberalism

The neo-liberalist philosophy described above is sometimes one of political expediency, but it makes government, and the laws… [read more]


Canadian Business and the Law Term Paper

Term Paper  |  8 pages (2,218 words)
Bibliography Sources: 1

SAMPLE TEXT:

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 during the recruitment or selection process of new employees, during orientation, performance appraisal, training and development. The industrial relations, health… [read more]


Contract Law in Modern Society Term Paper

Term Paper  |  2 pages (642 words)
Bibliography Sources: 3

SAMPLE TEXT:

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]


Ethics and the Law Term Paper

Term Paper  |  5 pages (1,433 words)
Style: APA  |  Bibliography Sources: 2

SAMPLE TEXT:

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 continue to grow and develop in order to become greater. It cannot simply rest on its laurels and hope for… [read more]


Legal Interpretation and Influence Term Paper

Term Paper  |  4 pages (1,370 words)
Bibliography Sources: 1+

SAMPLE TEXT:

23If thou shalt do this thing, and God command thee so, then thou shalt be able to endure, and all this people shall also go to their place in peace. 24So Moses hearkened to the voice of his father in law, and did all that he had said. (Exodus 18, 13-24, KJV)

Jethro was the first corporate management specialist to recommend delegation as a source of strength for Moses and his new nation. He knew that although Moses was, at this moment, the only one qualified to judge the people, keeping that responsibility to himself would be his undoing. His instruction were to train, delegate, and only handle the tough matters personally. Delegation skills would be imperative for mosses' survival, and hence his choices to delegate would affect the health of the entire organization. (Nyberg, 1999)

On this same model is our national court system built. The local courts judge local matters, which give rise to an appeal process that leads to the district court, and appellate courts, and eventually the supreme court if the matter needs to be addressed on a national level. According to Article III of the Constitution, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish" (Columbia Encyclopedia, 200) This model was taken directly from the legal system designed between Jethro, Moses, and God's people.

A light of the purpose of the court system under Moses, and the U.S. court system, the idea of judicial activism needs to undergo significant reconsideration. The responsibility of those who judged the children of Israel was not to create law, or to bend law according to the mores of the times. Their responsibility was to accurately understand the law as given to them, and interpret what had been written in order to fairly judge the cased brought before them. This concept is defined as the "rule of Law." Men were not to create law which fit, or justified their actions, rather men were to guide their actions by the established laws. This concept has been removed from the judicial process in modern America by the practice of judicial activism. Liberal leaning magistrates who believe that the constitution is a living document, which must be reinterpreted for each social generation have missed the meaning of their calling to uphold the rule of law, and have removed themselves form the example of Mosaic Laws.

According to Clinton, three of our nation's leading constitutional thinkers declare

The main job of constitutional scholars today is to justify judicial activism

In our system, the word "Constitution" really means "judicial role," and not a set of guidelines by which to govern our practices.

Constitutionalism, that is a conservative approach to the rule of law with the constitution as the basis, is "anticonstitutional," or "self-contradictory." (Clinton, 1999)

Today's court system, and those who staff the courts need to consider who they are serving when they amass… [read more]


Learn How the Law Works Term Paper

Term Paper  |  7 pages (2,253 words)
Bibliography Sources: 1+

SAMPLE TEXT:

"

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… [read more]


Romans and Law Term Paper

Term Paper  |  1 pages (329 words)
Bibliography Sources: 1+

SAMPLE TEXT:

(Schwind, 2003)

The most important codification and re-organization of Roman law was carried out on the orders of Emperor Justinian I (483-565 AD). The set of works thus developed, known as Corpus Juris Civilis, are probably the most important legal documents ever written and are still part of esential reading by legal students around the world.

Several legal concepts such as the legal differention between contract and tort, possession and property as well as the concept of contracts being valid when there is a "meeting of minds," can be traced directly to Roman law. ("Roman Law," 2004) These laws have been adopted as part of their legal systems by most countries in Europe and America because of their highly advanced nature.

References

Schwind, Fritz. (2003) "Roman Law." Article in Encyclopedia Encarta, CD-ROM Version, 2003

Roman Law." (2004) From Wikipedia the Free Encyclopedia. Retrieved on August 25,…… [read more]


Sorts of Legal Protections Term Paper

Term Paper  |  4 pages (1,755 words)
Bibliography Sources: 1+

SAMPLE TEXT:

- The malfunction was partly/largely caused by wear and tear or abuse -- if the product was meant to be replaced regularly by the newer version, and the police had been slow to replace the warn equipment, this might be a defense. (d) BUG had issued a warning with the product that usage under certain circumstances could result in electric shock (e.g. outdoors or under water), and the product was nonetheless used in those circumstance. In no event should BUG send Walter to negotiate a settlement with DoGood.

Bibliography

Copyright" Wikipedia: The Free Encyclopedia. 18 Jul 2004, 21 Sep 2004. http://en.wikipedia.org/wiki/Copyright

Patent" Wikipedia: The Free Encyclopedia. 18 Jul 2004, 21 Sep 2004. http://en.wikipedia.org/wiki/Patent

Privacy" Wikipedia: The Free Encyclopedia. 18 Jul 2004, 21 Sep 2004. http://en.wikipedia.org/wiki/Privacy

RICO (law)" Wikipedia: The Free Encyclopedia. 18 Jul 2004, 21 Sep 2004. http://en.wikipedia.org/wiki/RICO_%28law%29

Tort" Wikipedia: The Free Encyclopedia. 18 Jul 2004, 21 Sep 2004. http://en.wikipedia.org/wiki/Tort.

Trade Secret" Wikipedia: The Free Encyclopedia. 18 Jul 2004, 21 Sep 2004. http://en.wikipedia.org/wiki/Trade_secret

U.S. Code: Title 18: Section 1831. 21 Sep 2004 http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1831

U.S. Code: Title 18: Section 1961. 21 Sep 2004 http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1961

U.S. Code: Title 18: Section 1964. 21 Sep 2004 http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1964

U.S. Code: Title 18: Section 1029. 21 Sep 2004. http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1029… [read more]


Wills Can Be Invalidated Essay

Essay  |  7 pages (2,104 words)
Bibliography Sources: 0

SAMPLE TEXT:

¶ … 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. Although it may seem that the testator has the final say, even after death, the law may revoke the will… [read more]


Legal Issues in Cremation Annotated Research Paper

Research Paper  |  2 pages (615 words)
Bibliography Sources: 5

SAMPLE TEXT:

____. (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]


Forensic Psychologist's Legal Responsibilities and Rights Research Paper

Research Paper  |  9 pages (3,466 words)
Bibliography Sources: 9

SAMPLE TEXT:

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… [read more]


Healthcare Legal Research Paper

Research Paper  |  5 pages (1,307 words)
Bibliography Sources: 4

SAMPLE TEXT:

Conclusion: Congress does not have the authority to determine what is best for a woman's body; especially in medical areas that are uncertain.

Other Opinions: The New England Journal of Medicine criticized the intrusion of politicians into medical decision-making, writing:

Until this opinion, the Court recognized the importance of not interfering with medical judgments made by physicians to protect a patient's interest. For the first time, the Court permits congressional judgment to replace medical judgment

2. Cobbs v.Grant (California Case)

Subject: COBBS v. GRANT

Name of the case, the court of jurisdiction, the justice writing the opinion and the court the case was appealed from. Following a reversal by the court of appeal, the California Supreme Court, in a unanimous decision written by Justice Mosk, concluded that there was insufficient evidence to support a verdict that Dr. Grant had been negligent in deciding to operate or in performing the surgery (Novack, 1973)

Facts: What is the major set of facts of the case?

Ralph Cobbs, troubled by a duodenal ulcer, consulted his family physician, Dr. Jerome Sands, who concluded surgery was indicated. Dr. Sands discussed the prospective surgery with Mr. Cobbs and advised him in general terms of the risks of undergoing a general anesthetic (Novack, 1973). Dr. Dudley P. Grant, a surgeon, was called in and concurred in the diagnosis, but failed to disclose any of the risks inherent in the surgery. Cobbs consented to the operation. During the operation, Cobbs' spleen was apparently injured, necessitating its removal in a second operation. Thereafter, Cobbs developed a gastric ulcer and, in a third operation,50% of his stomach was removed.

Statement of the Issue(s): The primary issue in this case is what constitutes informed consent. The doctors have the responsibility to inform their patients of the risks that they face with different treatment options and the risks that are inherently involved with each of the options.

Rule of Law: The resolution of the case involves a rule(s) of law. What is it?

A negligence action is predicated on showing that the doctor's duty of care required disclosure of the risk of the particular injury that resulted, that the patient would not have consented had he known of the risk, and that there was no privilege justifying a failure to disclose.

Application: The plaintiff must establish a causal relationship between the physician's failure to inform and the injury to the plaintiff.

Conclusion: The case has prompted a movement towards the standardization of consents that has been established by the medical community.

Other Opinions: There is a fine line between not enough information and too much information. The doctor should not worry the patient with many potential issues that are a low level risk. However, at the same time, the doctor must reach an adequate level of consent. Some have argued that since there was a five percent risk, that this risk was a major risk that should have been mentioned.

Final Thoughts: Do you agree or disagree with the decision? Why or… [read more]


Case Note and CAE Law Case Study

Case Study  |  12 pages (3,545 words)
Bibliography Sources: 1+

SAMPLE TEXT:

¶ … international business law, there are a number of different issues that are constantly being wrestled with. To spell out the different terms and agreements that are made during the course of business, requires the use of various contracts. This has given rise to the study of contractual law, where various legal scholars, attorneys and judges will determine how… [read more]


Business Law Corporation Case Study

Case Study  |  2 pages (586 words)
Bibliography Sources: 0

SAMPLE TEXT:

Business Law

a) Robert sold his shares to Susan, who had insider knowledge of the transaction. This transaction, being between two parties and not conducted through the stock exchange, is subject to contract law. Under contract law, a contract is enforceable even if the consideration is of poor value, which in this case it is at $2 per share for a $4 stock. However, the contract would be voidable if the contract was not negotiated in good faith. Susan not only had insider knowledge, but she misrepresented the condition of the asset that she was offering to buy. This would constitute a contract made in bad faith. As such, Robert's sale to Susan constitutes a voidable contract.

Howard's situation is more difficult. Howard sold to Foster, who had inside knowledge by way of Angela. Howard knew that the information he received from Angela was insider information that had not been disclosed. Under SEC rule 10b-5, Angela had a duty to the shareholders to abstain from misappropriating that information for trading purposes. This has been upheld by the Supreme Court in United States v. O'Hagan. In this case, however, the seller Foster had no fiduciary duty to the source of the information. The source of the information, Angela, could not have traded on the information. Foster could, a position upheld by the Supreme Court in Chiarella v. United States. Howard may have suffered from the actions of Foster, but unless the conversation including specific and deliberate fraudulent statements by Foster that contradicted his insider information, it is unlikely that Howard has any legal recourse.

b) Leo had a fiduciary duty to Hawke to protect the confidential information. Under 10b-5, he was obligated to abstain from misappropriating that information for trading purposes. Given that the…… [read more]


Why Are Judges in International Law Not Empowered to Make New International Law? Term Paper

Term Paper  |  3 pages (1,151 words)
Bibliography Sources: 8

SAMPLE TEXT:

International Judges

The Legal Neutrality of International Judges

This discussion proceeds from the R.Y. Jennings (1996) prompt which asserts that according to the terms of Article 38 of the Statute of the International Court of Justice, international judges are expected to use the resources available to them in existing international law when rendering decisions. At no point is it considered appropriate for a judge to author a new law by effectively establishing a precedent which has not otherwise been set through practice, pattern and collective acceptance. (Muller et al., p. 368)

As Ford (1995) explains, "judges doubtless spend most of their time applying well-established law to disputed circumstances of fact, but while there is judgment and discernment involved in such endeavors, such activities do not involve the articulation of new legal norms." (p. 35) This is a subject which is deeply complicated by the imposition of many conflicting cultural, philosophical and political conceptions of that which is lawful or unlawful. However, according to the Law Library of the University of California-Berkeley (2007), there are myriad established codes of international law to which international judges may generally refer. The Law Library (LL) identifies these as Peremptory Laws and indicates that these refer generally to acts of unprovoked aggression between states, crimes against humanity, acts of genocide, the engagement of slavery, international piracy and a host of other behaviors that have achieved widespread repudiation by the global community.

According to Shaw (2009), such peremptory laws can be traced to 'customary laws' shared amongst nations. Shaw reports for instance that "as the International Court noted in the Libya/Malta case, the substance of customary law must be 'looked for primarily in the actual practice of opinio juris of states.'" (p. 70) the collective acceptance of certain conditions as unlawful contributes to what Law Library describes as a set of essentially 'customary' laws by which precedent is availed to international judges.

Accordingly, LL indicates that "customary international law develops from the practice of States. To international lawyers, the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern." (LL, 1) Here, we recognize that legal terms are often bound only by commitment to international contracts and treaties such as, for instance, that relating to Dispute Settlement through the WTO. Here, "in the words of Article 38(1)(a), the rules of the DSU 'are expressly recognized by the contesting states' that are parties to WTO dispute settlement procedures." (Pelmeter & Mavroidis, p. 398)

Law Library goes on to indicate that the International Law Commission would in 1950 compile a formal collection of internationally achieved agreements in order to create documented international legal precedent. Here, the source denotes that according to Y.B. Int'l L. Comm'n 367, U.N. Doc. a/CN.4/Ser.A/1950/Add.1 (1957), a number of precedents established through the interaction of the international community… [read more]


Multivalent Nature of Legal Traditions 4a Comparison Assessment

Assessment  |  8 pages (2,137 words)
Bibliography Sources: 15

SAMPLE TEXT:

¶ … Multivalent Nature of Legal Traditions

4A comparison of the bivalent logic and the multivalent logic

The need for multivalence for a legal tradition's stability

How to sustain diversity

In this paper, we present an analysis of the multivalent nature of legal traditions with a view of exposing the underlining principles of the concept. The relevance and significance of… [read more]


Health Care Law Relating to Psychiatry Article Critique

Article Critique  |  3 pages (917 words)
Bibliography Sources: 1

SAMPLE TEXT:

Health Care Law Relating to Psychiatry

Drug-Associated Psychoses and Criminal Responsibility

Andrew Carroll and Bernadette McSherry

Behavioral Sciences & the Law, Sep/Oct2008, Vol. 26 Issue 5,

The insanity defense exists in a variety of forms across Anglo-American jurisdictions.

Many jurisdictions follow a version of the established M'Naghten Rules (M'Naghten's Case, 1843), which refers to a fault of cause coming from an illness of the mind. For many years, the law has struggled with how to allocate criminal accountability to those affected by drugs. An intricate system of rules relating to voluntary and involuntary intoxication and crimes of specific and general intent has come about. The law draws a difference when conveying criminal responsibility to those who commit crimes while experiencing psychotic signs. If the symptoms are thought to come about because of ingesting drugs, which is an external cause, the criminal is usually convicted of the crime. If the symptoms arise from a mental illness, which is an internal cause, the offender may be afforded a defense of insanity. In reality, making such a distinction can often be difficult. There are difficulties in determining criminal accountability when the use of drugs is followed by the appearance of a psychotic illness procedure that then persists to have a sovereign existence even in the lack of the ongoing substance use.

There is a mounting amount of case law that deals with conveying accountability to those suffering from such disorders of mental state that has led to varied results. Even though a wide variety of advances have been accepted in various jurisdictions, there are three extensive approaches to the issue that can be distinguished. These are liberal, conservative, and intermediate. The major purpose of this article was to look at the key concerns for the law, expert witnesses, and policy makers that follow from these approaches. It endeavors to tease out the questions arising from the liberal, conservative, and intermediate approaches to drug-linked psychoses in order to explain the effects that each approach may have in practice. It is thought that it might be impossible for the law in this field considers present clinical doubts, but having a general idea of likely advances that the law may take will likely move the debate forward.

Evaluation

Any criminal defense brings with it issues of proof. The question as to whether there is sufficient evidence for a defense of insanity to be determined by the jury is an inquiry for the trial judge to decide. This question is generally thought to be in the absence of the jury prior to the commencement of the trial. The party raising the defense must produce sufficient evidence the evidential burden to permit the defense to be left to the jury for consideration. The burden does not…… [read more]


Contract Law / Australia Essay

Essay  |  10 pages (3,019 words)
Bibliography Sources: 4

SAMPLE TEXT:

Contract Law / Australia

The term "Contract Law" has the ability to almost immediately make someone thing of lawsuits and litigation. For the most part, contracts are thought of as being very formal documents written up with language that is difficult for the average person to read and much less understand. However we may feel about contracts, we must not… [read more]


Legal Research, Writing, &amp Analysis Chapter Essay

Essay  |  6 pages (1,611 words)
Bibliography Sources: 0

SAMPLE TEXT:

Legal Research, Writing, & Analysis

Chapter 1 deals with general definitions that would be used in the book, including the difference between civil and criminal law, the particularities of substance and procedure, with examples as to what might fall under each category, as well as definitions of notions such as common law and equity. The chapter details on the role… [read more]


Employment Law Case Study

Case Study  |  5 pages (1,882 words)
Bibliography Sources: 0

SAMPLE TEXT:

Business

Employment Law

Hernandez v. Hillsides Inc., 47 Cal.4th 272 (2009)

Facts: In September 2003, the plaintiffs Hernandez and Lopez filed a suit against defendants Hillsides and Hitchcock over the use of video surveillance equipment in plaintiffs' office. The complaint consisted of three related causes of action, and sought compensatory and punitive damages. The first cause of action claimed an… [read more]


Mediation Qualification Law Term Paper

Term Paper  |  5 pages (1,749 words)
Bibliography Sources: 3

SAMPLE TEXT:

Mediation Law and North Carolina

Mediation Law

Mediation Qualification Law and North Carolina

The state of North Carolina has defined mediation in its legislation as an unofficial process facilitated by a mediator whose goal it is to help all parties voluntarily reach a mutually acceptable resolution to their dispute (Clark, Ellen, McCormick, 1996). Mediators are intended to play the role… [read more]


Organizational Law Essay

Essay  |  2 pages (540 words)
Bibliography Sources: 0

SAMPLE TEXT:

Organizational Law

The first source of law is the House of Representatives. Bills are written by congresspersons or senators and then after debate these bills may be passed into law, after being signed by the President. Similar processes exist at the state and civic levels as well. The other source of law is through court rulings. The judicial system is responsible for interpreting the laws passed by the legislative branch and these interpretations form a guide as to how other courts will implement the law.

Litigation is a dispute mechanism by which the dispute is adjudicated in the court system. There are a number of alternative dispute mechanisms as well, including arbitration, mediation and negotiation. The use of ADMs is generally more affordable than the use of the court system, less risky because you have more control over the process and as well ADMs often lead to more creative and amicable solutions than legal rulings.

The five essential elements of a valid contract are offer and acceptance, mutual consent, mutual consideration, enforceability (legal subject) and competent parties.

An employee works for the company and is subject to all applicable employment law. An independent contractor is not an employee of the company, but is considered to be self-employed. Therefore, the contractor is not subject to employment law but rather to contract law.

An intentional tort is a harmful act that is deliberate in nature. A negligent act is one that causes harm, but that harm does not arise from a deliberate act but rather from a failure to take care or fulfill a duty owed.

A patent is legally established by…… [read more]


Jurisdiction and Applicable Law Essay

Essay  |  12 pages (3,519 words)
Bibliography Sources: 10

SAMPLE TEXT:

The court pointed out that "[t]he result would have been different if the call at Hull had caused any appreciable harm to the cargo."

Here, we lack information about the nature and extent of the stay in Baltimore and how it contributed to the week-long delay in reaching Cadiz. It is hard to imagine how discharging a stowaway takes a… [read more]


Personal Statement for Law School Research Paper

Research Paper  |  2 pages (808 words)
Bibliography Sources: 0

SAMPLE TEXT:

Personal Statement for Law School

In life there are a variety of paths that someone can choose to go down. Where, the decisions that we make will determine ultimately who we will become. This is why law school is so important in my case, as I believe that it will provide me with the opportunity to grow as a person and achieve a life long ambition. Where, studying the subject matter can help me to contribute positively; to those people who are in need of: the services of someone to accurately interpret the law for them. This and a desire to help people are the biggest reasons why I am choosing to go to law school.

However, unlike so many other candidates I have a number of different advantages that I bring with me to include: a determination to be successful, the ability to adapt to a variety of situations and life experiences. After going through a rigorous course of study throughout my school years, I have developed a determination to be successful at any cost. This means that no matter what happens, this ability can help me to be able to understand the most complicated of concepts. Where, I will continue to focus and work on something until I have mastered the concept, by telling you what it is about in my own words. In many ways, when you have such a determination to be successful, you have the ability to understand the most challenging concepts, based on the fact that you are going to be successful no matter what. In many ways, this is a characteristic that is common to some of the great legal minds. Where, they went on to brilliant careers, as they were willing to go the extra mile to achieve their objectives at all times. This is the kind of determination that has helped me to overcome some of the different challenges that I have faced in my educational career and in life.

My ability to adapt to a variety of situations helps me to be able to see the viewpoints of different people. In the study of law this is important, because one of the key principals is being able to make an accurate argument in favor of your client. The best legal minds are those people, who listen to the entire situation and then use the viewpoints of others, to be able to make effective counter…… [read more]


Law of Torts Assessment

Assessment  |  2 pages (697 words)
Bibliography Sources: 15

SAMPLE TEXT:

Reform of Tort Laws in Australia

Efforts have been underway in recent years to reform the tort laws in Australia in order to ensure that legal mechanisms are in place that will restore plaintiffs to their original condition prior to the tort to the maximum extent possible as well as to ensure that their future condition is equally balanced by the reparations made by the tort feasor. In the overwhelming majority of tort cases, this restoration is based on monetary remunerations for lost wages and medical expenses that occurred prior to the tort as well as such projected expenses in the future (Wells v Wells [1999] AC 345). The assessment of future damages, though, is more problematic and typically involves some type of actuarial analysis based on the plaintiff's prior wage earnings, the extent of the damages caused by the tort and the reasonableness of such awards in view of public policy and precedential case law.

According to the editors of Defense Counsel Journal, tort law reform efforts in Australia have been in response to "a combination of the collapse of a major insurance company and a medical indemnity insurer and by spiralling premiums. While some states already have enacted legislation, the federal government's response was to set up an inquiry looking at a wholesale reform of tort law" (Tort Law Reform Steaming in Australia 2002, p. 406). The Australian federal government responded to these events by rapidly establishing a committee to conduct a comprehensive analysis of the Review of the Law of Negligence and the committee provided its recommendations in series of reports just a few months later (Clark & Harris 2005). According to Clark and Harris, "The review received evidence that the absence of insurance, or the availability of insurance only at unaffordable rates, adversely affected many aspects of community life" (2005, p. 16). In its reports, the committee emphasized the existing unpredictability of tort laws and the relative ease with which plaintiffs were able to prevail in the majority of torts cases; likewise, the committee stressed the generous awards being handed down by the courts…… [read more]


Client-Lawyer Relationship and Financial Assistance Essay

Essay  |  6 pages (1,842 words)
Bibliography Sources: 3

SAMPLE TEXT:

Kippi works for Legal Aid, a free legal clinic, and has given one of the clients, an unwed pregnant teenager, money to pay for the delivery of her baby and to buy some necessities.

Does Kippi's payment to the client create an ethical problem for Kippi?

Does Kippi's payment create an ethical problem for Legal Aid?

Does the fact that… [read more]


Food and Drug Law Biotechnology Term Paper

Term Paper  |  3 pages (1,015 words)
Bibliography Sources: 3

SAMPLE TEXT:

Food and Drug Law Biotechnology

Food and drug laws

What will be the likely outcome of this case and why?

According to the law, a corporation is a fictional 'person.' Shareholders and corporate officials are not responsible for the actions of such a fictional entity, under most circumstances, as they are officially employees of the company. An employer is legally responsible for the actions of its employees "if the employee was doing his or her job, carrying out company business, or otherwise acting on the employer's behalf when the incident took place" (Employer liability, 2010, Nolo). In this instance, the employees on the Board of Directors were not trying to intentionally commit fraud or deceive the public or the government, rather there were oversights committed at the factory that they did not correct before these oversights were noted.

If the CEO attempted to circumvent the law regarding appropriate food sanitation, and directed his subordinates to do so, he could be held liable. In this instance, it appears to be that the vice president had not yet corrected the problem, although he was in the process of doing so. Regardless, it is the company who is fined or held responsible as a whole for violations of the act, not the individuals in question. Unless he or she committed direct, personally-engineered violations of criminal law (such as tampering intentionally with the food) the CEO is not liable. Although it is within the FDA's power to instigate civil or criminal litigation against an individual for violating 301(k) of the Food and Cosmetics Act, under these circumstances the agency does not seem to have the grounds to do so.

Q2. Why did the Court hold differently in these two cases?

The Riegels alleged that a faulty Medtronic catheter "was designed, labeled, and manufactured in a manner that violated New York common law," but it was affirmed that the Medical Device Amendments of 1976 preempted state law, and the Riegels' claim was problematic because it did not state that Medtronic had violated federal law. The Riegels' suit rested on faulty legal grounds.

In Wyeth v. Levine, the issue in question was whether a state could have higher standards for labeling pharmaceuticals than the federal government. The plaintiff was a musician who had lost her hand due to gangrene after being injected with a drug. Injection, versus an IV drip, was a very risky way of administering the drug but this was not specified on the label. She won a jury verdict in Vermont, after contending that Wyeth did not properly label the medication with a warning about the dangers of injecting it into a patient. On a cost-benefit analysis, she stated, no one would have performed the injection, given the likely side effects (Wyeth, 2008, WSJ). Unlike the Riegel case, the MDA did not apply, as this was a prescription drug not subject to the provisions of the MDA. The U.S. Supreme Court found in favor of Levine, noting that federal law is supposed to… [read more]


Legal Case Analyses and Application Bilateral (Mutual) Essay

Essay  |  3 pages (1,060 words)
Bibliography Sources: 3

SAMPLE TEXT:

Legal Case Analyses and Application

Bilateral (Mutual) Mistake -- Inkel v. Pride Chevrolet-Pontiac Inc.

In this case, the buyer relied to his substantial detriment on a mistake in calculations made by the seller with respect to the total price of the sale of a motor vehicle. Specifically, Pride miscalculated the allowable trade-in value of the used vehicle offered by Inkel toward the price of a new vehicle purchased from Pride. Subsequent to the conclusion of negotiations and payment for the vehicle, Pride demanded a substantial additional sum of money relying on a provision in its contract holding the buyer responsible for any mistake in connection with the transaction as well as on the legal doctrine that a bilateral (mutual) mistake of facts or circumstances between the parties to a contract is justification for nonperformance and rescission of the contract.

The court held that a mistake made by one party alone could not support a justification for nonperformance or rescission by the party responsible for the mistake. Moreover, the fact that the other party might have benefited from or taken advantage of the mistake was insufficient to support the contention that the mistake was mutual. The mistaken party cannot seek to rescind the contract without extraordinary circumstances such as an active role on the part of the non-mistaken party to conceal or facilitate the mistake.

This is an important concept, particularly in used car sales, because sellers could otherwise take advantage of their superior knowledge by purposely undervaluing trade-ins. If mere knowledge of the mistake by the other party were sufficient to render such mistakes "mutual" dealerships would be able to use the mileage clause in the original lease to support the mutuality of mistake theory for this purpose routinely.

Substantial Performance and Materiality of Breach -- Jacob & Youngs Inc. v. Kent

In this case, the plaintiff sought final payment for a dwelling constructed on behalf of the defendant. The defendant had refused to pay because he discovered that the plaintiff had used a different brand of piping than that specified in their contract. Through his architect-agent, the defendant had insisted that the plaintiff redo the work to replace the piping to conform to the contract. The court held that the demand was unreasonable because the difference in piping quality was nominal or negligible in the first place. Meanwhile, the costs associated with ripping apart the construction to replace the piping far exceeded the value of the difference in piping, particularly in light of the tremendous cost of the work that would entail.

This concept is important because otherwise, a party to a contract could complain, in bad-faith, anytime an immaterial fact deviated one iota from the literal content of a contract. The purpose of contractual specificity is to enable parties to reach a mutual understanding about agreements and to support good-faith claims based on breaches that are material and reasonable. Deviations from specified contractual terms are not intended to permit recoveries that grossly exaggerate the material effect of inconsequential… [read more]


Is International Law Really Law? Term Paper

Term Paper  |  7 pages (1,902 words)
Bibliography Sources: 5

SAMPLE TEXT:

¶ … Enforcement of International Law

The argument against international law

International law that is defined as the body of law that is used to effectively govern the legal relationship among or between sovereign states and nations has attracted a protracted debate on whether it is really law. International law has also been noted to consist of rules as well… [read more]


Communication Law Invasion of Privacy and Libel Case Study

Case Study  |  5 pages (1,676 words)
Style: APA  |  Bibliography Sources: 1

SAMPLE TEXT:

Communications

Which of the four privacy torts do you think are specifically involved with regard to this case? Is this Libel?

The privacy tort that is involved in this case is public disclosure of private facts. It is an evasion of privacy to publicize private information about a person's life if the publication of this information would be embarrassing to… [read more]


International Law V Torture in Post-War Iraq Thesis

Thesis  |  25 pages (7,379 words)
Bibliography Sources: 6

SAMPLE TEXT:

International Law v Torture in Post-War Iraq and U.S.' Liability

International and U.S. Law Against Torture and Other Ill-treatment

International and U.S. law expressly forbids torture and other forms of ill-treatment of any person in custody and in all circumstances (Human Rights Watch 2004). This law is applies to the United States' territory and anywhere else it has control. It… [read more]


Sustainable Development All International Law Deals Thesis

Thesis  |  2 pages (606 words)
Style: MLA  |  Bibliography Sources: 2

SAMPLE TEXT:

Sustainable Development

All international law deals with relations between two or more different nations. There are two main components of international law -- the laws of nations and agreements between nations. Laws of nations are comprised of those laws accepted by virtually all world nations. These include the Geneva Convention, laws banning slavery and honoring international boundaries. Agreements between nations are specific agreements between defined nations. These agreements are only expected to be upheld by those nations, not by all nations.

At present, international law pertaining to the environment typically comprises the latter category, where nations specifically agree to enact protections for certain components of the environment. Most laws of nations deal with the definition of the national entity or issues regarding human rights. The concept of environmental rights has not traditionally been included, necessitating the use of a complex system of individual agreements between nations.

Individual countries, in theory, are obligated to adhere to the basic principles of laws of nations. There has been no shortage of examples of failure to adhere to these laws in the past century. Agreements between countries tend to have stronger enforcement mechanisms. However, the strength of these mechanisms is heavily dependent on the relative strength of the countries involved. Each nation is obligated to adhere to the rules of the treaties and agreements that they sign.

Laws of nations are subject to inconsistent enforcement. This has ranged from declarations of war (as against Germany in 1939), United Nations peacekeeping involvement, to a shrug of the shoulders (China's invasion of Tibet). At times, there have been tribunals for violations by specific national leaders, for example for war crimes, but those are few and far between. With more specific and sophisticated mechanisms for enforcement, agreements between nations are subject to investigation, hearings and arbitration. While each agreement has…… [read more]


Letter From a Birmingham Jail Term Paper

Term Paper  |  2 pages (682 words)
Bibliography Sources: 1

SAMPLE TEXT:

Not all laws are just and true, and Aquinas recognizes this. It would seem that if Aquinas had lived in modern times, he probably would have sided with King and his non-violent opposition of these unjust (and certainly not Divine) laws. King and his followers certainly did not follow majority rule, they spoke out against it and demanded change. That is how you change unjust laws; you speak out against them and demand real change.

King means that unjust laws exist, and they are not rooted in natural or eternal laws, because they are unnatural and certainly have nothing to do with Divine law, which oversees the eternal laws. The laws King was protesting had nothing to do with what was right or natural. They were based on hatred, ignorance, and bigotry, which have no place in making rules and regulations, especially when they affect so many other people. Just laws are supportable and manageable, while unjust laws are not, it is simple as that. You can enforce just laws, while unjust laws are much more difficult to enforce. King knew that, and knew that he could tell the difference between just laws and unjust laws quite easily.

A just society creates just laws, while unruly societies often create laws that serve themselves, rather than the people they are supposed to serve. Both men knew this, and they knew the dangers of unjust laws. Aquinas had a more philosophical view of the laws, but he handed out good arguments to illustrate that he thoroughly understood the aspects of law, and that he had given them much thought. King, on the other hand, had direct experience with the laws, and especially with unjust laws. Putting their ideas together gives a new perspective on laws, how they are created, and who creates them, and it gives the reader a way to learn more about lawmaking, while thinking about their own views on laws and how they are created. It is a good exercise in legal and moral judgment.

References

Aquinas, St.…… [read more]


Justice Clarence Thomas Essay

Essay  |  5 pages (1,450 words)
Style: MLA  |  Bibliography Sources: 6

SAMPLE TEXT:

Clarence Thomas: Personhood and Politics

For those old enough to remember the extreme controversy surrounding his nomination process in the early 1990s, Clarence Thomas is undoubtedly one of the most well-known Justices currently sitting on the Supreme Court, though perhaps not for the best reasons. His fame -- or infamy -- has certainly diminished in the nearly two decades he… [read more]


Contract Law Research Proposal

Research Proposal  |  5 pages (1,543 words)
Style: APA  |  Bibliography Sources: 5

SAMPLE TEXT:

¶ … Contract Law Principles and Definitions

The Elements of Contract:

Under American law, contracts must satisfy certain specific criteria in order to be enforceable at law. They must represent a genuine meeting of the minds in which the parties to the contract all understand their respective rights, benefits, and obligations under the contract (Freidman, 2005; Halbert & Ingulli, 2007).… [read more]


Business Law - 6 Case Briefs Buckeye Research Proposal

Research Proposal  |  6 pages (1,743 words)
Style: MLA  |  Bibliography Sources: 1

SAMPLE TEXT:

Business Law - 6 Case Briefs

BUCKEYE CHECK CASHING, INC. Vs. CARDEGNA (546 U.S. 440)

Procedural History:

Buckeye v. Cardegna was a decision issued by the U.S. Supreme Court in 2006 based on a Florida Fourth District Court of Appeals decision that had been reversed on appeal by the Florida State Supreme Court before being heard by the Supreme Court.… [read more]


Law School? I Was Born in India Research Proposal

Research Proposal  |  3 pages (950 words)
Bibliography Sources: 0

SAMPLE TEXT:

¶ … law school?

I was born in India although I moved to New York with my step-mother when I was twelve. My father is a high ranking police officer in India. He is an honest and hardworking law enforcer in a country which, like most developing countries, is known for poverty and corrupt government officials. It was through him that I developed a respect for the law and realized its importance for progress in society. Since I had moved to the U.S., it was only a few years back that I was able to return to India for a visit. It was with new awareness and level of maturity that I viewed the everyday scenes on the streets of my country that I used to simply take for granted.

During my visit to India, I saw the rich people with their large cars and fancy houses and the poor in their small huts by the side of the roads. I saw the restaurant chains throwing away their extra food while many people were literally starving on the streets. It was as if I was seeing the poverty for the first time and realizing the gaping difference between the rich elite and the poor masses. I saw the lack of obedience to authority, the lack of discipline. I noticed many people littering the streets and refusing to follow road rules. I saw bribes exchanged as a matter of course. I saw how authority took advantage of the innocent and the poor and ignorant.

I saw how laws that were made to improve the lives of people were constantly disregarded. I saw how those who were tasked to enforce the law abused the power it granted them and preyed on those who the law should most have protected. It was the many things that I saw on my last trip to India which made me realize the urgent need for change in my country and have made me decide to finally take up law.

I believe that knowledge of the law is empowering. During my trip to India I realized that before I can affect any concrete and long-term changes, I must be in a position of some control over the matters and situations I want to change. I also realized that it is through the power brought by the knowledge of the law and the authority brought about by knowing how to protect people's rights and the pursuing justice that I wish to make the changes that urgently need to be made in my home country. This is why I want to go to law school.

It is in law school where I believe that I will learn how government and legal systems enforce justice and bring about social reforms through law enforcement and the courts. I believe that the practice of law is the…… [read more]


Case in International Business Law Research Proposal

Research Proposal  |  3 pages (1,110 words)
Style: MLA  |  Bibliography Sources: 3

SAMPLE TEXT:

International Business Law

EnergyTech, Sonatrach, and others wish to enter into a joint venture (Sonaventure) for the construction of a pipeline that will transport liquefied natural gas from Sonatrach's refineries in Algeria through Tunisia, Libya, Egypt, and Jordan into Syria. Sonaventure will contract with local construction firms to assemble the sections of the pipeline.

EnergyTech's contribution will be a license of the Technology to Sonaventure, and EnergyTech will receive 10% of Sonaventure's annual profits, rather than a royalty. Preliminary negotiations will cover the establishment and terms of the JV as well as the licensing of the Technology.

The primary risk that is being taken by EnergyTech is the concern that its technology will be taken and used by another party. The use of subcontractors exacerbates that risk, because it increases the number of entities who will have access to the Technology, while, at the same time, decreasing the likelihood of a successful recovery from any one source if the technology was misappropriated. Therefore, the licensing agreement must look at the following factors: the definition of the use of the IPR under the license, whether such use is exclusive or non-exclusive, geographic limitations, application, quantity, confidentiality concerns, and derivate works or improvements. Another issue is that EnergyTech will not be taking a royalty, but will instead be entitled to a share of annual profits, which can make EnergyTech vulnerable to questionable accounting practices. An additional concern is that there are so many different countries involved in the transaction, which means that the laws of each of these different countries could potentially apply to any issues that may arise. Because the countries involved are in a terrorist-heavy area of the world and the agreement involves oil and gas, there also needs to be an awareness of possible terrorist interference in the project. Finally, there needs to be an awareness of possible application of Title VII to Sonaventure employees.

Reasoning/Analysis/Conclusions: The license must be narrowly construed to only allow the joint venture to use it for the construction of the pipeline in question and to prohibit any member of the JV from using it for their own purposes, moreover because most of the involved countries are not members of WTO, EnergyTech needs to take substantial steps to protect its IP before entering into the agreement. Local laws can prevent, restrict, or alter licensing agreements, therefore EnergyTech needs to engage local counsel in each country to determine licensing rights, as well as insert a provision that Sonaventure is responsible for any licensing breaches, whether committed by Sonaventure or one of its subcontractors.

To protect EnergyTech's profit-sharing, the agreement would have to require the company to submit to International Accounting Standards, and to allow EnergyTech to hire an accountant to audit the books on a regular basis. This would prevent Sonaventure from creative accounting practices that would demonstrate no profit, thus depriving EnergyTech of its benefit of the bargain.

Choice of law and choice of forum provisions will be crucial parts of the contract, because… [read more]


Legal Services for the Elderly Thesis

Thesis  |  3 pages (909 words)
Style: APA  |  Bibliography Sources: 3

SAMPLE TEXT:

Legal Services

The elderly population is one of the most vulnerable segments of the population in any society. This segment of the population also has special needs, including legal services. The purpose of this discussion is to examine legal service designed for the specific purposes of assisting the elderly.

Legal assistance for the elderly

According to the book Community Resources for Older Adults, there are many reasons why the elderly may require legal services. These reasons include changes in health conditions, family situations and work. As a result of these conditions many elderly people need legal assistance in handling their affairs.

The federal government recognizes that the elderly population in America often requires legal assistance and as such Title III of the Older American's Act specifies that each state is required to provide the elderly with legal assistance. These legal services are free of charge for the elderly. These programs are specifically for individuals over the age of sixty. In most cases there is no income limits associated with these nation wide programs but they are geared towards elderly with lower incomes. According to an article entitled "Legal help for senior citizens,"

Title III providers generally receive inadequate funding to assist all older persons in need of help. They therefore develop ways to determine which clients to accept. The Act's regulations prohibit use of a "means test" to limit receipt of services, yet mandate that preference be given to serving those in the greatest social or economic need. To resolve this dilemma, legal providers usually establish a case acceptance policy that serves those areas of law that most affect persons in greatest economic or social need (such as public benefits, housing, and healthcare) ("Legal help for senior citizens")."

The legal services offered through this program often differ from state to state but in general the types of services provided included assistance with other governmental programs such as Medicare, social security and Medicaid ("Legal help for senior citizens"). In addition the services can assist the elderly with issues associated with age discrimination, elder abuse, fraud, nursing homes and conservatorships ("Legal help for senior citizens"). All of these issues are often unique to the elderly population and as such the state legal aid programs are geared toward assisting older Americans in dealing with these issues.

In addition to the aforementioned legal program, there are also pro bono programs that the elderly can access ("Legal help for senior citizens"). These programs are designed for the elderly that have higher incomes but do not have enough income to pay for legal problems that may arise. The federal government recognizes that there is often a gap between the need that exist and the people who can qualify for the…… [read more]


Civil Law the Right to File Term Paper

Term Paper  |  1 pages (417 words)
Style: MLA  |  Bibliography Sources: 0

SAMPLE TEXT:

Civil Law

The right to file a lawsuit protects people because it gives them a forum for redress of wrongs that do not rise to the level of crimes. Without the right to file a civil lawsuit, victims would have to depend upon other forms of social coercion to seek redress. However, many wrongdoers do not respond to social pressures, so that system would leave victims helpless. Making all transgressions crimes would provide an unworkable solution, because it would minimize the social stigma of truly egregious behavior and would clog the criminal justice system in such a way as to render it relatively useless. Finally, civil lawsuits address situations where damages of some sort can make a party whole, which is frequently not the case in a criminal context.

Unfortunately, the civil law process can be abused because the parties are individuals, which removes the social control that exists in the criminal legal process. Individuals can file frivolous or harassing lawsuits, knowing that a party might choose to settle, rather than incur the expense of going to trial. The civil law is also complicated, which gives people with access to lawyers- generally people for higher socio-economic groups, an advantage in lawsuits.

3. Without knowing what type of malpractice…… [read more]


Antitrust Laws Term Paper

Term Paper  |  10 pages (3,159 words)
Style: APA  |  Bibliography Sources: 7

SAMPLE TEXT:

Antitrust Laws in the United States

United States can be considered unique in its formulation and enforcement of antitrust laws. This is because no other country has equivalent body of laws dealing specifically with monopolies and restrictive business practices with the possible exception of Canada. The reason lies in the fact that America has a very dominant, influential and vibrant… [read more]


Business Contract Law Term Paper

Term Paper  |  3 pages (993 words)
Style: APA  |  Bibliography Sources: 5

SAMPLE TEXT:

¶ … contracts have existed to help maintain order in our society. The contract terms that will be discussed in this writing are: 1.

Escalation Clause - this particular clause is described as a provision of a contract which calls for an increase in price in the event of an increase in certain costs. For example, an escalation clause may specify that rent due will increase with inflation. As previously mentioned this clause is often used in rental agreements, loan agreements and other monetary contracts. This clause helps to secure the loan company, landlord, etc. from incurring additional cost in situations where inflation, cost of living increase could in fact cause them to come out of pocket. This provision insures that any additional fees will not have to be paid by the bank, landlord etc., fees fall on the contract signer.

Arbitration Clause - a business contract, lease or other written contract may contain an arbitration clause. By using such a clause, the parties to the contract agree to arbitrate any future disputes. As with any clause, all parties must agree to it's use in the contract before the contract is signed. The following arbitration clause language may be modified to suit the needs of the parties or used "as is" in order to utilize the services of an affiliated United States Arbitration & Mediation office, if arbitration is ever needed. This is used in a contract to help keep down legal fees for the contract originator. In the case of an arbitration agreement both parties are unable to bring legal suit without going through the proper arbitrational channels. This clause can in some instances decrease the legal responsibilities of some parties entering into a contract.

3. Mediation Clause - this clause is hand and hand with that of the arbitration agreement. Often the two terms are loosely intermingled. In fact mediation is often used in the event that arbitration was not effective. This is utilized as a second step in the event arbitration did not help the involved parties reach a resolution. A business contract, lease or other written contract may contain a mediation clause. By using such a clause, the parties to the contract agree to mediate any future disputes. As with any clause, all parties must agree to it, and the following sample mediation clauses do not have to be used "as is" in order to access the services of said company.

Choice of Law Clause- a provision in a contract in which the parties stipulate that any dispute between them arising from the contract shall be determined in accordance with the law of a particular jurisdiction. If the dispute is litigated, the choice is not binding, but is normally honored, by the court hearing the lawsuit. The choice is binding if the dispute is arbitrated. This clause helps to determine what state litigation will take place in, the advantage of using such a clause allows a contract originator to pick a state…… [read more]


Personal Statement for Law School the Lawyer Term Paper

Term Paper  |  2 pages (669 words)
Bibliography Sources: 0

SAMPLE TEXT:

Personal Statement for Law School

The lawyer career has always represented a great interest for me, both from the point-of-view of the professional life, as well as from a personal perspective. Despite the fact that I do not consider determination to be the most important aspect of a motivation I think that I have sufficient personal commitment to this career to someday become a lawyer.

This choice of career was made out of personal conviction and as a result of my personal background. I come from a region of the world where injustices and bad treatment of people is not uncommon. South Korea is one of the most democratic countries in the region; nonetheless, there are sufficient cases in which the innocent and the vulnerable are subject to an unfair treatment. This is why I consider that a career in law would, to a certain extent, enable me the opportunity to use the noblest tool existing in society, the law, in defense of others who are subject to abuses, whether they are done by the state, or by other people.

I do not consider myself to be a dreamer. Indeed, as any human being I have high aspirations that my activity in the law area will contribute to the improvement of the situations of people facing legal issues and problems. However, I am also aware of the fact that despite the theoretical aspects of being a lawyer, one must also be pragmatic and in touch with the realities of the world we live in. This conclusion is in fact the result of my personal background and the difficult childhood and early adulthood I had to overcome. Despite the fact that I lost my father in my childhood and my mother did not offer me the care a child needs in his early teens, I realized that each and every one of us is subject to mistake, such as my mother, but is also entitled to the defense of his rights, no matter the case…… [read more]


International Law in the Modern World Term Paper

Term Paper  |  4 pages (1,388 words)
Style: MLA  |  Bibliography Sources: 3

SAMPLE TEXT:

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 a number of legal disciplines. These include public international law, which relates to issues surrounding the United Nations and the Geneva conventions; private international law or conflict of laws and a category known as supranational law. Supranational, as the name implies, is defined as,

Extending beyond or transcending established borders or spheres of influence held by separate nations" (Supranational).

However, many of these high ideals have not yet been accomplished in the present century. In fact, international law has failed to a certain extent, particularly in the area of international conflict. One of the central problems that International law faces… [read more]


International Law Traditionally Term Paper

Term Paper  |  4 pages (1,475 words)
Style: MLA  |  Bibliography Sources: 5

SAMPLE TEXT:

International Law

Traditionally, International Law was defined as "the body of law that governs the legal relations between or among states or nations." ("The Free Dictionary"). In this definition, the state or a nation is assumed to be sovereign, have its distinct territory, a population, and a government. Hence, if we strictly follow this definition, international law would only apply… [read more]


International Law Consists of Customs, Principles Term Paper

Term Paper  |  5 pages (1,486 words)
Style: MLA  |  Bibliography Sources: 3

SAMPLE TEXT:

International Law consists of customs, principles and rules legally binding upon sovereign states and other participating international entities (Joyner 2002). It derives from treaties and international conventions, customs and customary use, and generally accepted principles of law and equity as the three main sources. Judicial decisions made by international tribunals and domestic courts form part of the law-making process. Examples… [read more]


Conflict Resolution or ADR Legal Psychological Term Paper

Term Paper  |  7 pages (1,906 words)
Style: APA  |  Bibliography Sources: 4

SAMPLE TEXT:

Resolution

ALTERNATIVE DISPUTE RESOLUTION: LEGAL and PSYCHOLOGICAL

ASPECTS

The objective of this work is to examine the legal and psychological aspects of the different forms of alternative dispute resolution (ADR): negotiation, arbitration, mediation, summary jury trial. This work will answer the question of which types of cases this is best suited for and which cases are viewed as the best… [read more]


Business Law Which Type of Contract Term Paper

Term Paper  |  6 pages (2,338 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Business Law

Which type of contract, bilateral or unilateral, is more common in business? Why? Under what circumstance would someone prefer one or the other? What are the advantages of each type for the offeror? For the offeree?

A bilateral contract is one wherein each party who has promised something has a duty to perform the same. For instance, in… [read more]

1234. . .Last ›
NOTE:  We can write a brand new paper on your exact topic!  More info.