Study "Law / Legal / Jurisprudence" Essays 111-165

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Crossing Borders: Agency Law and the Global Term Paper

… 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]


Law Movie Analysis and Research Silkwood Term Paper

… 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… [read more]


Autonomy of the Law Term Paper

… 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… [read more]


Legal Environment of Business Term Paper

… 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… [read more]


Workers Compensation Law Term Paper

… 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]


Rule of Law Legitimate? Term Paper

… 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'… [read more]


Law and Philosophy Holmes' "Bad Term Paper

… 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]


Legal Profession and Stratification Term Paper

… ¶ … 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

… 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,… [read more]


Business Law Ethics Special Term Paper

… 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]


Sorts of Legal Protections Term Paper

… - 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]


Romans and Law Term Paper

… (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]


Learn How the Law Works Term Paper

… "

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… [read more]


Legal Interpretation and Influence Term Paper

… 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]


Legal Process Legal Cases Term Paper

… Bruton v. United States was a conviction of an appeal based on what was deemed to be improper conviction of a person based on improper trial procedure including the right to cross-examine a witness and otherwise not allow evidence to sway a jury in an unfair manner even if the judge insisted that they should not do so. As they say, one cannot un-ring a bell once it's struck and telling someone the bell did not ring is dubious to say the least. While the person bringing the case may very well have been guilty, the way in which the evidence was presented almost certainly poisoned the jury and should not have been allowed to happen.

As noted in the introduction, the case involved was an appeal of a prior conviction. The person bringing the case is obviously Bruton. At issue was that Bruton and another person by the name of Evans were implicated by testimony from a postal inspector. Bruton and Evans were both on trial for the robbery of a postal office. Evans at no point testified himself but a postal inspector did and he asserted that Evans told him that he himself (Evans) and co-defendant Bruton robbed the postal location. The judge reacted to this revelation by stating that the jury should not hold the testimony against Bruton because it was hearsay and thus should not be involved in any determination of guilt or innocence (Justia, 2014).

Whether the jury was able to do that or not, both Evans and Bruton were convicted for the robbery. Both Evans and Bruton appealed. In the Evans case (handled separately), his conviction was struck down on the basis that it "should not have been received against him" (Justia, 2014). However, Bruton's conviction was not struck down at the time as the judge because the instructions were given to disregard the errant testimony. However, it was held on the Bruton v. United States appeal that the right of cross-examination was violated per the Confrontation Clause of the Sixth Amendment to the Constitution of the United States. In other words, the convictions of both men were overturned but for slightly different reasons (Justia, 2014).

The legal issues in the case are numerous and not all of them are obvious. For example, whether a defendant (or set of defendants) testifies at their own trial is one issue. Another issue is whether defendants that are involved in the same act of alleged crime or violence could or should be charged together, tried together or sentenced together. However, this case was a question of something even deeper including whether jurors should be allowed to take certain things and events into account, whether they can truly disregard something damaging or implicating…… [read more]


When Media Treads on Thin Ice Term Paper

… Media Law

A Post reporter found on a dirt road in Iraq some maps and documents created by the U.S. military relating to military action in the war. Because the Post is a responsible newspaper, it calls and asks a… [read more]


Open Fence: Zoning Laws Research Paper

… " (Standler, 1997, p. 1) Privacy is reported to be "an emerging right" in the work of Standler (1997) who notes that Prosser "in both his article and the Restatement (Second) of Torts at § 652A-652I" sets out four classifications of basic types of privacy rights including those stated as follows: (1) intrusion of an unreasonable nature upon another individual's seclusion including the "physical invasion" of the home of an individual which is inclusive of such as "unwanted entry, looking into windows with binoculars or camera, tapping telephone, searching wallet or purse, repeated and persistent telephone calls, obtaining financial data (e.g., bank balance) without person's consent, etc." (Standler, 1997, p. 1) The State of Florida reports that citizens can request a "one-time exception" if they wish to install fencing different from the zoning requirements. Since the Veteran in this study is disabled and requires the pool for the purpose of rehabilitation and treatment it is possible that the Veteran can file a lawsuit against the city for discrimination on the basis that he is disabled. According to the work of Fleming and Curti (2001) published in the Journal of Elder Law Issues, Americans with Disabilities Act Overrides Local Zoning Rules. It is reported specifically that a couple residing in the Village of Wilmette, Illinois, both with medical problems desires to reconstruct their home to have a garage that "could be reached from the front curb." (p. 1) Fleming and Curti report: Under the federal Americans with Disabilities Act (the ADA), the Dadians' zoning problems became a legal issue. They argued before a federal judge and jury in Illinois that the Village's refusal to permit the front access amounted to discrimination against them based on their disabilities." (2001, p. 1) It appears that there was an objection by The Village to the reconstruction of the home for these two individuals however, since the ADA makes a requirement that local government provide accommodations for disabilities of individuals, the appeals court "that the front-access curb cut was reasonable." (Fleming and Curti, 2001, p. 1) Fleming and Curti conclude by stating "The ADA (and the related Fair Housing Act Amendments of 1988) can overrule local zoning restrictions. Based on those laws, local governments and private businesses can be forced to show that rules and decisions reasonably accommodate the needs of the disabled." (2001, p. 1)

References

Fleming & Curti (2001) American with Disabilities Act Overrides Local Zoning Rules. Elder Law Issues, 5 Nov 2001. Vol. 9, No. 19. Retrieved from: http://www.elder-law.com/2001/Issue919.html

Fences (nd) City of Redding California. Development Services Department. Retrieved from: http://www.ci.redding.ca.us/pmtctr/graphics/planningPDF/pln111.pdf

Standler, R. (1997) Privacy Law in the United States. Retrieved from: http://www.rbs2.com/privacy.htm

California Codes: Health and Safety Code (nd) Section 115920-115929. Retrieved from: http://www.cdph.ca.gov/HealthInfo/environhealth/water/Documents/RecHealth/SwimmingPoolSafetyAct.pdf… [read more]


Legal Research: Process Term Paper

… " The latter, therefore, includes "legislative enactments such as constitutions, statutes, ordinances, or charters…" (Yelin and Samborn, 2008, p. 25). On this front, I would largely proceed from finding the general information -- as captured in the relevant secondary resources, to relying on information that could be regarded more authoritative -- mainly sourced from secondary resources.

When it comes to reading and evaluating the law, I believe that at this point in time, I do possess the ability to engage in critical evaluation of legal information. After 'finding the law', as I have already pointed out, I would then seek to understand the legal issues involved -- so as to properly and professionally synthesize evidence, facts and opinions. The relevance of this particular step cannot be overstated when it comes to the development of a well-formulated analysis that links back to the scenario or problem under consideration.

Step 3: Application of the Law

In basic terms, this last step would involve the application of legal facts to the case. It is at this point that I would formulate the best course of action, as well as indicate the outcome that would be most likely. This section would also include the concluding remarks that will be drafted to include not only the references but also a brief of the law, as applied to the problem at hand.

References

Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.

Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.

Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A…… [read more]


American Legal System Term Paper

… People think that courts are so slow and take too much time in shutting down a case, while others think they are too harsh on an accused. This invokes therapeutic jurisprudence. The therapeutic jurisprudence is the influence of law and… [read more]


There Outta Be a Law Case Study

… Mrs. Nadels tasted the coffee and found it too hot to drink; through that action, she gained sufficient information to know that she needed to take precautions to keep her children and, ostensibly, herself safe from harm due to a hot cup of coffee in a flimsy fast food container. In fact, R.C 2307.76(B) provides that "[a] product is not defective due to lack of warning" or because of an absence of warning about "an open and obvious risk or a risk that is a matter of common knowledge." The lack of foresight and caution on the part of the parents is not at issue in this case, but in my view, it is the cause of the accidental burn to their son's leg.

A. The name and citation of the case:

Koepke et al., Appellants, v. Crosman Arms Company et al., Appellees; Gentry et al.. No. C-880486

B. The name of the court which decided the case:

Court of Appeals of Ohio, Hamilton County

C. The year of the decision:

September 27, 1989

D. The facts of the case:

A boy, Scott Wilson, brought his BB gun to the house of 10-year-old Greg Gentry. Several boys were shooting BB guns at targets in the Gentry's backyard. Greg Gentry picked up a BB gun and shot it toward a tree house in which 13-year-old James Koepke was standing. Koepke was shot in the eye by a BB. The Koepke's filed an action of several claims of negligence against Scott Wilson, Greg Gentry, and Scott Wilson's mother and stepfather, and product liability claims against the Crossman's Arms Company and Swallen's Inc.

E. The issue of the case:

No claims were made that the BB gun had design defects, so the Appellants argument based on the Knitz v. Minster Macine Co (1982), 69 Ohio St. 2nd 460, 23 O.O. 3rd 403, 432 N.E. 2d 814 did not apply. Indeed, in Cafeny v. Raven Arms Co. (S.D. Ohio 1987), 665 F. Supp 530 C.A. 6, 1988) 849 F.2d 608, affirmed that the Knitz risk-benefit theory of liability is only applicable when a product has functioned improperly, not when products have functioned as intended." And, the appellants argued that the appellees were negligent in failing to warn expected users of the BB gun about the foreseeable dangers of it use. The court disagreed based on the rule that manufacturers and vendors do not have a duty to warn of dangers that are open and obvious to the user of a product. Indeed, Greg Gentry testified that he was fully aware of the danger when he shot the toward the appellant, and that he was familiar with BB guns, had used his father's BB gun for over a year, and knew he was to be careful with the gun and not aim it toward anyone because injury could result.

F. The "decision" of the case:

The court found that the appellants did not have a duty to warn of the dangers of using a BB… [read more]


Relation of Psychology to Criminal Justice Essay

… 3. Examine and analyze the similarities and differences in the basic roles that psychologists may play in civil, criminal, family law, and juvenile cases, and how roles differ.

The course provided a deeper look into the roles and responsibilities of psychologists in each of these areas of law. I have a clearer idea of the type of participation that psychologists have when they are asked to contribute information for civil and criminal cases, and for family law and juvenile cases. In a nutshell, when engaged in a forensic science role, psychologists are engaged in providing information and answering questions for the courts. While there is some focus on future treatment in legal cases, the psychologist's role is generally more advisory than participatory.

4. Through integration and synthesis of knowledge of psychology and the legal system, assess how psychologists can convey scientific and clinical/practical knowledge to the courts, correctional settings, and the community.

The course provided many opportunities to extensively explore the ways that psychologists work to integrate and synthesis knowledge in a manner that is useful to the courts and upholds the rights of participating parties. My understanding of the role of psychologists in the legal system as elevated by the obligation to hold high standards of practice regardless of the pressures that come to bear was underscored through study during the course.… [read more]


Social Media in Marketing Term Paper

… The laws can be applied in diverse states with the aim of safeguarding consumers transacting online businesses. The federal government can ensure the legislation is applicable to all states to protect consumers whilst eradicating consumer exploitation (Miller, Cross & Jentz, 2013).

4. The three (3) branches of government

The three branches of government play a crucial role in regulating customer transactions. They include executive, judicial and legislative. The legislative division makes the rules governing customer transactions and other activities in the country. The legislative division encompasses of the Senate and the House of Representatives. The executive division consists of the president and the cabinet. The executive carries out and enacts the rules. The judicial division consists of the courts. The judicial division interprets the rules and punishes those who break the law. The executive division will have a significant effect on controlling customer transactions through social networking outlets.

The executive carries out customer transaction rules and enacts them. The executive enacts rules that have been developed to govern customer transactions via the social networking (Miller, Cross & Jentz, 2013). Although the judiciary and legislative divisions play an essential function in developing and implementing customer transaction rules, they do not have a great impact on the control of customer dealings via social networking outlets. The executive establishes how the rules will be enforced to safeguard consumers purchasing products through the social media

5. Agency relationship on social media sites

An agency relationship occurs when a person agrees to do something on another person's (party) behalf, but under control of the person. The party must consent to the agreement. The agency connection is based on an individual representing another person's interest. In this case, the social networking provider symbolizes the interest of the business. The agency connection is common in social media websites like Facebook. Social media suppliers and companies using social websites for advertising have a supplier agency connection. An agent of the seller represents the interests of the supplier in a transaction. The social networking suppliers are the agents and companies sellers. Social media suppliers signify the interest of companies that use social networking websites to advertise their products and services (Miller, Cross & Jentz, 2013).

For example, Facebook as a social networking provider symbolizes the interest of firms that utilize the platform for advertising purposes. The social networking suppliers develop and implement effective marketing strategies for the companies. The strategies include positioning, staging among others. The social networking suppliers negotiate on behalf of companies and advise them on market conditions and prices to accept. The social networking suppliers signify the interest of the seller when dealing with the buyer. Social media suppliers and companies should maintain a positive connection to ensure they attain their goals (Miller, Cross & Jentz, 2013).

References

Bagley, C.E. (2006). Winning legally: The value of legal astuteness. Boston, Mass.

Evarts, W.R. (1983). Winning through accommodation: The mediator's handbook: the use of new, alternative methods of dispute resolution in the last decades of the 20th century.… [read more]


Habeas Corpus and the War on Terror Research Paper

… S. military, although it provided a convenient figleaf for Chief Justice Roberts to sanction the government's actions by referring to Guantanamo itself as a "jurisdictionally quirky outpost" (Roberts 2008), thus applying an adjective to a gulag that is more frequently associated with Zooey Deschanel. Moreover, the extension of suspended habeas corpus rights into the targeted killings of U.S. citizens while abroad and suspected of terrorism -- like the drone strikes ordered against Anwar Al-Awlaki and his son -- look like a slow creep into a horrifying unconstitutional lawlessness. As David Cole (Georgetown University professor of Constitutional law) noted in a published comment on the Al-Awlaki killing:

The late senator Daniel Patrick Moynihan once said that if he had to choose between a country with the right to vote but no habeas corpus, or a country that had habeas corpus but no right to vote, he'd choose the country with habeas corpus every time. His point was that if the government has the power to lock up its citizens without having to justify its actions to a court, as habeas corpus requires, all other rights are meaningless. (Cole 2013)

Indeed what we are witnessing is, as Justice Kennedy noted in his Boumediene decision, a "pendular…swing…away from individual liberty" and a slow movement of the government into the sort of "undivided, uncontrolled power" that the Constitution's framers were explicitly trying to guard against (Kennedy 2008).

References

Cole, David. "President Obama, Did You or Did You Not Kill Anwar Al-Awlaki?" The Washington Post. February 8, 2013. Accessed at http://www.washingtonpost.com/opinions/president-obama-did-or-did-you-not-kill-anwar-al-awlaki/2013/02/08/0347f4de-70c9-11e2-a050-b83a7b35c4b5_story.html

Kennedy, Anthony. Majority Opinion, Boumediene v. Bush. 553 U.S. 723 (2008).

MacPherson, James. Battle Cry of Freedom: The Civil War Era. New York: Oxford University Press, 1988.

Roberts, John. Dissent, Boumediene v. Bush. 553 U.S. 723 (2008).

Taney, Roger. Ex-Parte Merriman, 1861. Accessed at http://teachingamericanhistory.org/library/document/ex-parte-merryman/

Walker, Samuel (ed.) Civil Liberties in America: A Reference Handbook. Santa Barbara: ABC-Clio, 2004.… [read more]


Law and Women in Medieval Europe Research Paper

… As suggested already, adultery was rampant in this period and attracted serious legal repercussions. The social circumstances under which sexual defamation occurred in this age suggests that sexual reputation was honorable to women than in men. In this respect, sexual defamation was mainly propagated towards women (Merback 64). These cases were brought to both ecclesiastical courts and secular courts, although the latter jurisdiction stopped handling these cases in the late medieval period. Church courts were confined to slapping spiritual penalties that ranged from excommunication or penance upon defamers. However, there are instances that those who defamed were permitted to pay money for their acquittal (Brundage 83).

In conclusion, ecclesiastical courts and secular courts formed an indispensable component of the medieval Europe judicial system. They handled a wide range of cases involving both men and women. However, in the latter years of medieval Europe, the ecclesiastical courts started exerting a lot of influence on the judicial system and its principles gradually infiltrated into the secular courts. The Church courts borrowed heavily from biblical principles in the way they handled the various cases involving women. Among the cases that were rampant, thus attracting punishment included adultery, defamation, and infanticides (Geremek 81).

Adultery was mostly punishable with some form of penance or excommunication. Similar treatment applied in the case of defamation and infanticides. On the other hand, secular courts reacted harshly to these cases and to extreme cases resulted in the death penalty. Therefore, this paper concludes that the ecclesiastical courts played a significant role in humanizing the secular courts that existed in that period. Secular courts began borrowing some aspects of ecclesiastical courts that include making women have solemn oaths in the name of God. This overawed them and they could provide truthful information. Failure and discovery of some form of cheating resulted in further severe punishments.

Works Cited

Brundage, James A. Law, Sex, and Christian Society in Medieval Europe. Chicago: The University of Chicago Press, 1987. Print

Geremek, Bronislaw. The Margins of Society in Late Medieval Paris. New York: Cambridge University Press, 1987. Print

Merback, Mitchell B. The Thief, the Cross, and the…… [read more]


Tort Law Relates Term Paper

… III. Damages

Damages that the person committing the assault would face would include the medical charges for medical treatment provided to the writer of this work as well as the amount of wages that the writer of this work would have earned if they had been able to work the two missed days due to the injury. It is likely, that in such a case that the award of damages would include punitive damages or damages that are a type of punishment to the individual who committed the assault.

IV. Summary and Conclusion

Tort law addresses harm done by one individual to another and does so by addressing torts of three types which have been reviewed in this study and which are negligent torts, intentional torts and strict liability torts. The tort described in this work in the experience of the writer was an intentional tort, or one that was intentionally inflicted upon the writer of this work by an individual who assaulted the writer and caused the writer to suffer subsequent damages related to the assault. The assault case could be addressed in criminal court as well as in civil court and the damages that would be awarded would likely include the expenses related to the assault and punitive or punishment damages.

Works Cited

Levmore, S., et al. (2012) Foundations of Tort Law. 2nd Ed. Retrieved from: http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=prod16430764

Tort Law (2013) Investopedia. Retrieved from: http://www.investopedia.com/terms/t/tort-law.asp

Vetri, D., et al. (2011) Tort Law and Practice. LexisNexis Law School Publishing Advisory Board. Retrieved from: http://www.amazon.com/Tort-Law-Practice-Dominick-Vetri/dp/1422483487… [read more]


Legal Briefs Title and Citation Case Study

… Title and Citation: United States v. Gonzalez-Lopez. No. 399 F. 3rd 924. Supreme Court of the United States.

Type of Action: Civil, Constitutional Rights

Facts of the Case: Defendant Gonzales was charged with conspiracy to distribute marijuana and hired Joseph Low to represent him in Federal Court. The Judge refused to allow Low to represent the defendant because of a previous issue in a case, and Gonzales was convicted. He appealed, arguing his rights had been violated and without the counsel of his choice he was incorrectly convicted.

Contentions of the Parties: Defendant believed that had he had his choice of attorney, his verdict would have been different.

Issues: If the Court makes an incorrect decision by denying a defendant his 6th Amendment right to an attorney f his own choosing, then is the defendant automatically entitled to have his conviction overturned?

Decision: 5-4 for Gonzales.

Reasoning: While there was clearly a denial of Gonzales' rights, it was a structural error because there is no way to prove a result for or against based on a specific counsel. Harmless error allows the entire proceeding to be unfair and unreliable, and therefore reversed.

Rule of Law: Constitutional rights and structural errors; the Court must allow a defendant their choice of attorney as long as that attorney has a license to practice law.

Works Cited

Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988. Web. October 2013. .

United States v. Gonzalez-Lopez. No. 399 F. 3rd 924. Supreme Court of the United States. 26 June 2006. Web. October 2013. .… [read more]


Stand Your Ground Law Essay

… "Zimmerman, a neighborhood watch volunteer, spotted him and called police" (Botelho & Yan 2013).

a. Even after a 911 dispatcher told Zimmerman not to follow Martin, Zimmerman did. The teen and Zimmerman exchanged words, then allegedly blows, which resulted in Zimmerman shooting Martin to death (Botelho & Yan 2013).

b. Zimmerman, the only living witness to what happened that night was found 'not guilty' because of the 'stand your ground' law in Florida (Botelho & Yan 2013).

Transition: Now that I have outlined the controversy as it specifically applied to the Zimmerman case, let us discuss other applications of the law.

C. Since the Florida law was passed, it has been used in nearly 200 times, resulting in a 70% acquittal rate for defendants.

1. In a less-publicized Florida case a man chased a suspected burglar for a block and stabbed him to death. "The judge decided the stabbing was justified because the burglar had swung a bag of stolen car radios" at the man, "an object that a medical examiner at a hearing testified could cause "serious harm or death" and the judge decided that the man was "well within his rights to pursue the victim and demand the return of his property" (Lee 2013).

2. Many other states have liberalized their 'castle laws.' For example, in Ohio, if someone uses deadly force against an intruder into a home or vehicle: " if you were to be charged, the prosecution would have to prove that the intruder did not enter your house or vehicle with the intent of causing harm" ('Castle laws' change self-defense rights, 2013, Ohio State Bar Association).

3. In some states, the law has been used to allow for violence against persons later found innocent of any malicious intent. In Wisconsin, a twenty-year-old was shot by a homeowner when he was found standing on the man's porch. "According to friends" the victim "was trying to evade police responding to a noise complaint at a neighboring underage drinking party" (Castle laws' change self-defense rights, 2013, Ohio State Bar Association). Because the homeowner said he thought the young man was a burglar, he was not charged with any crime.

III. Conclusion

A. Review of main points:

1. Today, I began by giving an overview of the specifics of 'stand your ground' laws, a much-discussed topic in the media, thanks to the George Zimmerman trial.

2. I then discussed why the law is so controversial.

3. Finally, I talked about other applications of the law.

B. Restate thesis: Beyond the specific issues raised by the Zimmerman trial, because more and more states are passing these types of laws and more and more defendants are being found 'not guilty' even when using deadly force, the national debate about the wisdom and legality of 'stand your ground' is likely to rage on.

C. Closure: Before you make a decision about the law, get the facts and know what the law says. I hope this speech has been helpful in providing information… [read more]


Marbury v. Madison Legal Case Essay

… This concept is meant to prevent courts from further addressing a topic as long as a decision has already been made concerning the respective topic. Doing otherwise is generally considered as being pointless and ineffective for society as a whole when considering resources being spent and the fact that the final verdict can be wrong.

While most courts are likely to support the stare decisis concept, there have been a series of exceptions when judges considered that previous decisions were erroneous when compared with the cases they were facing.

Res judecata is Latin for "a matter judged" and it states that a case needs to be closed as a result of judges reaching a conclusion and thus it needing no further analysis. In most cases this actually means that a case is closed and there are a limited of isolate cases when judges accept to re-address a res judecata case.

Claim preclusion is the idea that a cause of actions that has been litigated cannot be relitigated. A losing plaintiff can thus no longer re-sue the winner concerning the same matters involved in the first trial just as a winning plaintiff cannot re-sue the loser with regard to the same complaints discussed in the first trial.

Works cited:

"Marbury v. Madison -- Case Brief Summary," Retrieved September 13, 2013, from the Lawnix Website: http://www.lawnix.com/cases/marbury-madison.html

"RES JUDECATA," retrieved September 13, 2013, from the Cornell University Law School Website: http://www.law.cornell.edu/wex/res_judicata

"STARE DECISIS," retrieved September 13, 2013, from the Cornell University Law School Website: http://www.law.cornell.edu/wex/stare_decisis… [read more]


Moving Targets: Placing the Good Article Review

… 710). Not surprisingly, the use of the Due Process Model presents some ethical dilemmas, and these issues are discussed further below.

Ethical Dilemmas Identified by Aviram and Seymour

The challenges to effective crime control that today include the ethical dilemmas that are involved in administering a Crime Control Model that places a large amount of discretionary enforcement power in the hands of law enforcement authorities compared to the Due Process Model. According to Aviram and Seymour, "Everyday officers exercise tremendous discretion and make on-the-spot decisions about exercising their authority or refraining from doing so. Courts are well aware of this feature but defer to vague standards when it comes to police discretion" (p. 712). Moreover, the fundamental right to due process to establish innocence rather than being subjected to the potentially heavy-handed tactics of over-zealous law enforcement authorities is even described in the Holy Bible as noted below.

How Due Process Relates to a Biblical Worldview

The need to establish the nature of wrongdoing as part of the due process of law is described in Romans 4:15 thusly: "For the Law brings about wrath, but where there is no law, neither is there violation." Likewise, the need to present the accused with a codified account of the charges is also described in Romans 5:13 as follows: "But sin is not imputed when there is no law." Taken together, these verses suggest that due process of law is an essential element of justice administration as discussed further below.

How the Concepts and Ideas Presented by Aviram and Seymour Apply to Justice Administration

The Crime Control Model provides the potential for convicting larger numbers of guilty parties, but it does so at the risk of imprisoning innocent people as well. According to these authorities, "The Due Process Model [promotes a] view of informal, non-adjudicative fact-finding that stresses the possibility of error" (Aviram & Seymour, p. 719).

Conclusion

The research showed that in the United States, due process of law is guaranteed by the Fifth and Fourteen Amendments to the U.S. Constitution. The research also showed that the Crime Control Model places a high priority on the early identification of the guilty as a means to efficient crime control while the Due Process Model was shown to place a higher priority on ensuring the accuracy of the proceedings and the avoidance of convicting innocent people. Irrespective of which model of crime control is used, though, the fundamental right to due process of law remains a tenet of the American justice system.

References

Aviram, H. & Seymour, J. (2010, May). Moving targets: Placing the Good Faith Doctrine in the context of fragmented policing.…… [read more]


Sneaky Pete Case Answers Research Paper

… Chris has asked the following question to Jake Law: "Jake, would you be willing to reduce the aggravated robbery charge to where there isn't the presumption for prison?" In this case Chris should push to the court to agree to place Pete in the CBCF so he, as a very young man, can rebuild his life and take the necessary steps to making that happen. It is important for Chris to convince Jake that Pete is deserving of this opportunity and that it would help not only him but the entire community by demonstrating the power of redemption and forgiveness within the society.

Vaughn also has asked the Judge: "Judge, if probation is not an option, can you sentence Sneaky to a minimum sentence?" This appears to be a back up plan to enrolling Pete into the CBCF. Vaughn must take into consideration that Pete may not want to go to the relaxed prison and may wish to serve a quicker but harsher sentence. Either way it is Vaughn's responsibility to represent her client and present all the options to him regardless of her opinion on the matter acting only as an adviser.

Judge Justice

The judge of a trial jury plays an important role in determining the outcome of any single case. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. If the defendant is convicted of a crime, the judge passes sentence, imposing a penalty that can range from a fine to a prison term depending on the severity of the offense.

Judge Justice is dealing with two issues, one from Jake Law and one from Chris Vaughn. The judge has asked: " Guys, what are my options here? What should we do with this defendant? udge Justice asks Defense Attorney Vaughn, "Why should I take a risk on this guy by not sending him to prison? It looks like he is going nowhere." Judge Justice asks Prosecutor Law, "Jake, are there any offers on the table in reducing the charges or a recommendation on sentencing?"

A group decision is in need of this particular legal problem. The prosecutor, judge and defense lawyer all must come to come conclusion to what is the best situation and yet still remain faithful to their duties of the court. Judge Justice should keep an open mind and hear all the arguments from both sides and the pros and cons of each. I would recommend that the judge have an opportunity to speak with Sneaky Pete to get a better feel for what his understanding of the situation has developed. The judge should also remain as impartial as possible to help maintain the element of fairness that is often lost within a courtroom due to emotions and bias.

The group decision must be a total group consensus with all parties in agreement, including Sneaky Pete. The judge must ensure that… [read more]


Ethical and Legal Perspectives in Health Care Case Study

… ¶ … Moving Beyond Simple Conflict of Interest

Question No. 1: "How do criminal and civil law differ?"

In criminal proceedings, defendants face monetary penalties as well as the loss of their freedom through incarceration and even their lives, in… [read more]


Labor Laws Should American Research Paper

… 41). The laws need to be changed to allow a goal of "fair treatment" for workers as well as capital flexibility; right now technological changes tend to benefit "those who have ownership rights" to that technology, and that leaves workers out of the mix, in many instances (Befort, p. 42).

Meanwhile, one current labor law that doesn't need to be abolished but needs to be more strictly enforced is the U.S. "Fair labor and Standards Act." According to business writer Joseph Malek, this Act was written and implemented in order to ensure the rights of workers but it is "…poorly enforced." Why? Malek says the lack of enforcement results from the impressive "financial strength of the employers within the U.S." -- which entails ongoing attempts to destroy labor unions (Malek, 2012). Some claims by workers under the Act are "…poorly investigated and rarely enforced," and clearly this is one labor law that needs more attention and needs to be fully enforced, Malek asserts.

Labor laws do indeed need to be updated, according to Vincent Zafonte of the Heritage Foundation, who believes that the decline of unions results from "antiquated labor laws which do not meet the needs of modern American workers" (Zafonte, 2013). The economy that was in place when the National labor Relations Act was put in place eight decades ago was a "more industrial economy," and the modernization of the economy through technologies and globalization has left unions behind, Zafonte explains. Hence, both employees and employers are being held back by "outdated restrictions in labor laws" (p. 2).

In conclusion, certainly there is an urgent need for labor laws to be updated due to the changing nature of the economy and due to globalization. But there is no way the government and leaders in labor and management are willing to certainly abolish labor laws; instead, the need is great when it comes to amending and updating those laws.

Works Cited

Befort, S.F. (2002). Labor and Employment Law at the Millennium: A Historical Review and Critical Assessment. Boston College. Retrieved July 14, 2013, from http://www.bc.edu.

Malek, J. (2013). Should labor unions be abolished? Helium. Retrieved July 14, 2013, from http://www.helium.com.

Zafonte, V. (2012). Falling Union Membership Shows Labor Laws Need to Change.…… [read more]


Douglass, King and Legal Justice Nearly 100 Essay

… Douglass, King and Legal Justice

Nearly 100 years separated the abolitionist writings of Frederick Douglass from the desegregationist writings of Martin Luther King, Jr. However, the themes the permeate some of their most prominent works are nearly identical. The purpose of this discussion is to demonstrate that theme of resisting unjust laws explicitly stated in King's 1963 Letter from a Birmingham Jail is more implicitly recognized a century prior in Franklin Douglass' 1845 Narrative of the Life of Franklin Douglass: An American Slave. Both take a highly dignified and articulated approach to deconstructing the irrational nature of the greatest of indignities; the deprivation of a man's freedom.

Douglass:

From the perspective of a freedman writing on his experiences as a slave, Douglass outlines the horrifying details of his life in bondage. The scenario he describes is a legally sanctioned and deeply institutionalized dehumanization of black Americans. As Douglass describes it in his memoirs, slaves were stripped of their humanity and treated as livestock. Douglass details 'feeding time' for instance, in which 'Mush' "was put into a large wooden tray or trough, and set down upon the ground. The children were then called, like so many pigs, and like so many pigs they would come and devour the mush." (Douglass, 64)

By depriving them of both freedom and humanity, slavers debased their captives to the extent that they were truly unable to see their own rights. Slaves were forced to accept an inherently unjust situation with such ingrained intensity that they were unable to differentiate between that which was just and that which was unjust. Though Douglass recognized the deplorable treatment that he and his brethren received, the peculiar institution of Southern slavery hardly allowed room for legal scrutiny. Unquestionably, the laws were designed to protect the right of whites to buy, sell and own black Americans like property. Just or unjust, the laws were not seen as a bastion of opportunity for African-Americans. Certainly though, Douglass can be observed in the experience of attempting numerous times and finally succeeding in escaping to have known the importance of resisting the injustice before him.

His education would especially elucidate this reality. For Douglass, the greatest crime of slavery was the degree to which it intentionally robbed man of his own ability to think and grow. Education, his experience tells, was harshly frowned upon by slave traders, who perceived this as a path to rebellion. Accordingly, Douglass remarks, "how accursed is that system, which entombs the godlike mind of man, defaces the divine image, reduces those…… [read more]


Collaborative Methods for Conflict Resolution Case of Marriage in India Law Case Study

… Conflict

Law and Norms: Regulators in Conflict and Coordination

A recent court ruling in Madras High Court of India has complex and far-reaching implications. In the seemingly modest case of a woman's request for child-support from a former live-in partner to whom she was not wed, the judgment offered a ruling opinion that calls into conflict and coordination a number of sociological and practical constraints to be discussed here below.

Situation:

The judge's ruling would extend far beyond the plaintiff's request, setting the precedent that "if a couple of legal age chooses to 'indulge in sexual gratification,' this act would confirm the relationship as a marriage." (NaiJ, p. 1)

This is a highly nuanced ruling in the context of Indian norms, within which the notion of premarital sex had historically been taboo and explicitly regarded as immoral. In its legal recognition and on behalf of improving the rights of women, the law would suggest a shifting of such norms.

Values in Conflict:

This phenomenon is explained in Lessig's (1997) primary course text. Here, the theorist points out that "the constraints are distinct, yet they are plainly interdependent. Each can support or oppose others….Some constraints make others possible; others make some impossible. Constraints work together, though they function differently and the effect of each is distinct. Norms constrain through the stigma that a community imposes; markets constrain through the price that they exact, architectures constrain through the physical burdens they impose; and law constrains through the punishment it threatens." (Lessig, p. 124)

Lessig goes on to argue that we may consider these constraints as 'regulators' that are in constant play with one another. At times, they appear to reinforce one another such as in the regard that community-driven norms are often consistent with legal conditions. This coordination impacts an accepted set of standards in areas as diverse as commercial exchange and practice of religious freedom.

That stated, in the…… [read more]


Dangerfield and Associate Entities Case Study

… While he did react swiftly and immediately, there was an inherent imprecision to his actions: he needs to be precise in all things, just like a surgeon engaging in open heart surgery. For him to blame Hartman for being unpredictable… [read more]


National Do-Not-Call Registry Essay

… She is alleging that Fun Products, Inc. And the Milton Hotel have vicarious liability for Larry Lush's behavior. The lawsuit involves tort law and questions whether their behavior met the applicable reasonableness standard. However, this standard will also be informed by state law, as many states have statutes specifically addressing host liability. Veronica is seeking damages. Damages refer to a monetary amount meant to place the plaintiff in the position he or she would have been in but for the defendants' wrongful act. Money for her medical bills, lost wages, property repair costs, and pain and suffering would all fall under this category. Damages are appropriate in a tort-based lawsuit. Veronica is also seeking an injunction to prohibit Fun Products from serving alcohol at further functions. Injunctions are meant to protect specific parties from a specific threatened future harm, not to prohibit a broad range of behavior with only a potential harm against an unnamed group of plaintiffs, and, therefore, injunctive relief may be inappropriate in this scenario.

When looking to decide if Fun Products, Inc. And the Milton Hotel chain are liable for Veronica's injuries, the court will look to the applicable state law about vicarious liability for drunk driving. Because most states address this situation, the state law should inform the court about whether either of the "hosts" has liability for this accident. Furthermore, because Fun Products was Larry Lush's employer and the party was a work function, it may look at the doctrine of respondeat superior to determine if Larry's accident occurred within the course of his employment. Larry faces strict liability for his actions. Drunk driving is against the law in every state as is driving without liability insurance; therefore, his actions were absolutely prohibited and he will face a strict liability standard for his actions. The burden of proof that will apply is the normal burden of proof in a civil case: the preponderance of the evidence.

If this case were to go to trial, the jury would be responsible for deciding all of the factual issues. The jury would determine if Larry was responsible for the accident, if Larry was intoxicated at the time of the accident, and also factual issues such as whether the bartender at the party was aware or should have been aware of Larry's state of intoxication. (For example, if Larry came to the party already intoxicated, but was not visibly drunk, and was only served a single drink at the party, the bartender may not have been aware that he was intoxicated; an entirely different scenario exists if the bartender served him a dozen drinks at the party). The judge will rule on matters of law, such as whether Fun Products, Inc. Or the Milton Hotel can be held liable. The jury then decides whether they will be held liable. The judge will also make rulings on evidentiary questions. For example, if Larry Lush is convicted of drunk driving in a criminal court prior to the civil suit, the… [read more]


Living Constitutionalism as the Leader Term Paper

… This exceptionalism myth is entrenched in the hackneyed national ethos dubbed 'the American dream,' which highlights a set of ideals such as equal opportunities for success, prosperity, and upward social mobility

During the campaign trail ahead of the November 2012… [read more]


Zippittelli v. J.C. Penney Company Case Study

… Had Ms. Benko been in a position to influence the decision process involved in this promotion, her remark may have provided the court with sufficient evidence to believe that a reasonable juror would agree with the plaintiff's claim that advanced age was the determinative factor used by Mr. Johnson in his decision to eliminate Ms. Zippittelli from the hiring process. Because the remark made by Ms. Benko was found to be "too temporally and situationally distant from the actual hiring decision to be seen as strong evidence of the employer's practice or attitude," the court ultimately decided that "the plaintiff could not convince a reasonable juror that this evidence proved that age was a substantial factor in the decision made by Mr. Johnson not to promote the plaintiff" (Munley, 2007).

2.) Was the fact that the plaintiff had better performance evaluations than the younger worker promoted to the job evidence of discriminatory intent because of her age?

The prevailing view would hold that the applicant who received the highest scores on performance evaluations administered by the company should be likely to receive the promotion being applied for, but the standards used by independent companies to guide the hiring process is not a matter for the court to decide. While the evidence presented by the plaintiff showing that she had received a superior performance evaluation when compared to the applicant who was eventually promoted to shift operations manager is certainly compelling, it does not meet the standard of "direct evidence" as provided by the ADEA's provisions for recovery in cases of age discrimination (1967). In the decision to grant J.C. Penney Company's motion for summary judgment in this matter, the court ruled that the performance evaluation "evidence could only be used to convince a jury that defendants were wrong in the employment decision they made, not that their mistake was motivated by an animus towards plaintiff because of her age" (Munley, 2007).

3.) Was Benko's remark that the plaintiff would "probably not get the job" when the plaintiff revealed her age sufficient evidence for a jury to find that the defendant's stated reasons served as a pretext to hide a discriminatory practice?

After reviewing the circumstances of Benko's remark, which stands as the only evidence presented by the plaintiff to assert discriminatory intent, the court concluded that the "plaintiff has introduced no evidence that Benko was involved in the decision to award the promotion, nor that she was privy to the considerations of managers who did make that decision" (Munley, 2007). According to the provisions provided by ADEA, the plaintiff must meet a burden of proof, demonstrating clearly that the defendant's given motivations for the hiring decision were simply pretext to conceal discriminatory motives, the plaintiff "must produce sufficient evidence to raise a genuine issue of fact as to whether the employer's proffered reasons were not its true reasons for the challenged employment action" (1967). While Ms. Benko's remark was certainly regrettable considering the plaintiff's recent setback in terms of obtaining… [read more]


Computer Fraud and Abuse Act Term Paper

… An example of the use of law in convicting such offenders is the United States v. Morris case at the United States Court of Appeals, Second Circuit in 1991. In this case, the defendant wrote a worm and launched it on the Internet, which he meant to be harmless. However, the worm ended up causing significant damage and harm, including damage to federal computers that Morris did not foresee. As a result, the defendant was found guilty of intentionally accessing and contributing to loss to federal computers ("United States v. Morris," n.d.).

The defendant appealed to the United States Court of Appeals on the basis that he did not plan to damage the federal computers. Since he was charged under the Computer Fraud and Abuse Act of 1986, the defendant argued that the statute should be read to necessitate intent to damage and intent to access. Nonetheless, the United States Court of Appeals upheld the conviction on the basis that the defendant caused damage to federal computers and obtained unauthorized access to these computers. The court also upheld the conviction on the basis that it was proved beyond reasonable doubt at trial that Morris intentionally accessed federal computers through launching the worm that caused damage.

Based on this case, the use of the Computer Fraud and Abuse of Act of 1986 requires critical consideration with regards to its effectiveness in convicting offenders. This is because the defendant challenged the use of this act on the basis that it covers intent to access rather than intent to damage. This challenge also originates from the fact that legislative history suggests that the intent element is applicable only to the access element. Since this perspective is supported by the structure, wording, and purpose of the act, no other elements of the offense are required to be intentional ("United States v. Morris -- Bloomberg Law," n.d.).

The main challenge that faced the prosecution in this case was whether the law requires them to prove that the defendant caused damage to federal computers or he intentionally accessed federal computers through which he caused damage unintentionally. As a result, the main amendment that should be made to the act is to include the intent to damage rather than intent to access only in order to avoid such challenges. Such modification on the act would have significant impacts on the use of the law in convicting offenders effectively since it will prevent convicting people of accidentally accessing someone else's computer.

References:

Easttom, C. & Taylor, D.J. (2011). Computer Crime, Investigation, and the Law. Boston, MA:

Cengage Learning.

"United States v. Morris -- Bloomberg Law." (n.d.). Case Briefs. Retrieved December 3, 2012,

from http://www.casebriefs.com/blog/law/criminal-law/criminal-law-keyed-to-dressler/mens-rea/united-states-v-morris/

"United States v. Morris." (n.d.). Law School -- Mike Shecket. Retrieved December 3, 2012,

from http://lawschool.mikeshecket.com/criminallaw/unitedstatesvmorris.html

"What is the Computer Fraud and Abuse Act?" (n.d.). Search Compliance. Retrieved December

3, 2012, from http://searchcompliance.techtarget.com/guides/FAQ-How-has-the-Computer-Fraud-and-Abuse-Act-of-1986-evolved… [read more]


Arizona SB 1070 on January Research Paper

… When discussing exactly why immigration policy and enforcement is in the hands of the federal government, other opponents of the law, in their lawsuits, brought this issue to the court. In the case of League of United Latin American Citizens… [read more]


Legal Ethics Surrounding the Love Essay

… With respect to the Love Canal tragedy, it can be reasonably expected that chemists would be aware of the potential for harm and therefore had an obligation to dispose of the toxic chemicals responsibly. Under the common law definition of negligence, which is the basis for tort laws in the United States, Hooker Chemical was negligent even in the absence of proof of harm.

Lercher (2004) equated the behavior of Hooker Chemical as equivalent to dropping a loaded revolver on a school playground and walking away. The person who dropped the revolver did not cause immediate harm, nor will they, but a reasonable person would view this behavior as negligent whether or not harm resulted. Lercher presents this as a way of explaining that harm from toxic chemical dumping is often difficult to predict and evidence of harm sometimes takes years or decades to emerge, if it ever does. However, under common and tort law, negligence can be attributed to actions where harm is difficult to predict and evidence of harm is absent.

Summary

Negligence, as defined by Lercher (2004), can probably be attributed to a number of actors involved in the Love Canal tragedy. The governor of New York at the time promised to act if actual harm could be shown. The question therefore is not whether Hooker Chemical was ethically and legally responsible, but how many of the stakeholders were as well.

References

DOJ (U.S. Department of Justice). (1995). Occidental to pay $129 million in Love Canal settlement. Justice.gov. Retrieved 16 Nov. 2012 from http://www.justice.gov/opa/pr/Pre_96/December95/638.txt.html.

EPA (U.S. Environmental Protection Agency). (1979). U.S. sues Hooker Chemical at Niagara Falls, New York. EPA.gov. Retrieved 16 Nov. 2012 from http://www.epa.gov/history/topics/lovecanal/02.html.

Lercher, Aaron. (2004). Is anyone to blame for pollution? Environmental Ethics, 26, 403-410.

Regional Institute. (2008). Policy Brief: Thirty years from Love Canal. Institute.Buffalo.edu. Retrieved 16 Nov. 2012 from http://regional-institute.buffalo.edu/Includes/UserDownloads/PolicyBrief_LoveCanal_Aug08.pdf.… [read more]


Smilla's Sense of Snow Research Paper

… "That's when you discover that your own Greenlander can be picked apart with a fingernail" (Hoeg 119). Living amongst colonizers, even when some laws are theoretically designed to protect the identities of Greenlanders, the weight of the hegemonic society extinguishes and depresses the more fragile indigenous identity. Greenlanders are not 'immigrants' since they are severed from so many of their original customs and language but nor are they truly citizens. "The Danish government's blatant insistence on the sameness of Danes and Greenlanders…reveals an unwillingness to deal with the cultural differences and recognize Greenlanders as a people in their own right… The social services available to Greenlanders, especially compared to other immigrant groups, are thus wanting" (Madsen & Sullivan 2003). They are non-persons like the metaphorical vanishing of a little boy on a rooftop who seemingly melts away into nothingness, neither able to receive the social support due to immigrants nor protected from the prejudices of Danes.

Advocates for Greenlanders state that "granting status as a national minority would enhance the quality of life for more Greenlanders. Furthermore, the Danish reluctance to grant this status verges on the illogical. Implementing the provisions of the convention would not result in noteworthy burdens to the Danish state, but it would yield a more focused agenda" to help Greenlanders in dire straits (Madsen & Sullivan 2003). Although a work of fiction, Smilla's Sense of Snow demonstrates the need for a more comprehensive policy to allow Greenlanders to preserve their culture, yet find social support, services, and a workable justice system within their communities to allow them to thrive in modernity. Although some might protest that the level of nefariousness and callousness of the thriller is not fully realistic, the attitude which it encapsulates that Danes in an official capacity display to Greenlanders is not.

Works Cited

"Denmark." Multicultural Policies in Contemporary Democracies. Queen's College.

13 Nov 2012 http://www.queensu.ca/mcp/indigenouspeople/evidence-1/Denmark.html

Hoeg, Peter. Smilla's Sense of Snow. Delta, 1995.

Loukacheva, Natalia. "Autonomy and legal systems of Greenland and Nunavut."

Havinghurst Center. 13 Nov 2012.

http://www.units.muohio.edu/havighurstcenter/publications/documents/Loukacheva.pdf

Madsen, Lars & Kimberly Sullivan. "Greenlanders in Denmark: a Realistic Perspective of a Varied Group." Humanity…… [read more]


Laws of Corrections Case Study

… Laws of Corrections

When someone is detained, there is the assumption that prisoners are not entitled to Fourth Amendment protections (i.e. unreasonable searches and seizures). Evidence of this can be seen with Hudson v Palmer. In this ruling the U.S.… [read more]


Mediation Scenario Professional Writing

… Mediation Scenario

Describe and analyze the ethical and legal issues involved in this case.

One of the ethical issues in this case is the development of the ability to remain neutral in the mediation process. This might prove to be… [read more]


Private Nuisance Law of Torts Admission Essay

… Private Nuisance Under the Australian Law of Torts

Under the common law, legitimate landowners have a fundamental right to enjoy quiet title to their properties, and this right has been extended under the law of torts to include the enjoyment of any rights that are exclusive and not generally available to the public. A breach of this enjoyment of rights is termed a "private nuisance," and as the term implies, such breaches are private matters between individuals that can only be adjudicated in civil courts unless they also involve criminal practices or conduct. To gain some additional insights into the issue of private nuisance under the Australian law of torts, this paper provides a review of the relevant peer-reviewed and scholarly literature, followed by a summary of the research and important findings in the conclusion.

Review and Discussion

Nuisances are typically categorized as being either public or private, or some combination thereof (Kozlowski 1999). As the term indicates, public nuisances involve the general public and can take the form of threats to the public health, welfare, and safety that affects all residents within its scope of its influence; by contrast, private nuisances are typically more restrictive in their range and generally interfere with a private individual's use and enjoyment of some type of property (Kozlowski 1999). Beyond these distinctions, although a tort can be a single isolated act, a private nuisance by definition involves a continuous violation of the enjoyment of property by its legitimate owner or owners. In this regard, the definition provided by Black's Law Dictionary notes that, "A private nuisance is generally anything that by its continuous use or existence works annoyance, harm, unreasonable interference, inconvenience or damage to another landowner in the enjoyment of his property" (p. 1196). The doctrine of private nuisance has been expanded, though, to include virtually any type of property, the enjoyment of which is diminished in some fashion by the actions of another (Sedleigh-Denfield v O'Callaghan [1940] AC 880 at 896-7 per Lord Atkin). According to Black's, the term also means, "A nuisance affecting a single individual or definite small number of persons in enjoyment of private rights not common to the public. It is only a tort, and the remedy therefor lies exclusively with the individual whose rights have been disturbed" (p. 1196). As a result, unless there are activities that include public nuisances involved, a private nuisance suit must be adjudicated in a civil court. In this regard, Shelson advises that, "A private nuisance affects one or a small group of property owners in a manner different from its impact on the public generally, and typically involves a private suit for damages" (2011, p. 195).

According to Hyams (2005), under Australian tort law, private nuisance suits will involve finding fault in the behaviors or practices of others that diminish the enjoyment of property in some fashion. In this regard, Hyams advises that,…… [read more]


Elsie Dennis Maynard, Deceased. Ralph Brittingham Et Essay

… ¶ … Elsie Dennis MAYNARD, Deceased. Ralph BRITTINGHAM et al., Appellants, v. Lois D. JARVIS et al., Appellees. 253 So. 2D 923; 1971 Fla. App. (1971)

Court: Court of Appeal of Florida, Second District, opinion delivered by Hobson.

Facts: Appellees… [read more]


Promissory Estoppel Essay

… Consequently, the application of this concept in law is to ensure that the innocent party recovers profits he expected to receive if the contract had been performed. As a result, the injured party seeking for the expected profits is usually entitled to damages for loss of bargain.

The major test for loss in contract is expectation loss in which the injured party is placed in the position he could have been if the terms of the contract were obeyed and performed. However, reliance loss and restitutionary damages can also be used as the main test for loss in contract. In certain cases, damages for breach of contract or losses can be regarded as too remote to be recoverable or inadequacy of a strong casual link between the breach and loss. Moreover, damages for breach of contract is sometimes attributed to the failure of the claimant to mitigate his loss or the claimant's vulnerability to the loss because of his own fault (Coyle, 2006).

Damages in contract may be limited through various ways including causation, contributory negligence, mitigation, and remoteness. Some examples of damages in contract law include compensatory, liquidation, restitutionary, nominal, punitive, expectation, and consequential damages. Despite of the various damages, there are several breach of contract remedies in law such as contract rescission, specific performance, and contract reformation. Generally, the damages for breach of contract are classified into three major categories i.e. expectation, reliance, and restitution. Expectation damages originate from expected gains from the contract, reliance is due to change of position, and restitution occurs from interest in benefits.

Potential Problems with Partnership:

Partnerships are considered as one of the most famous business ventures because they are seemingly easy to set up and permit pass-through taxation. This means that partnerships are not taxed as the benefits of income, credits, and deductions pass through to the individual parties in the partnership. The popularity of partnerships is also attributed to the probable benefits that businesses obtain from partners with complementary skills. However, while partnerships have several benefits, there are some potential problems that come with partnerships. These potential problems include liability, raising capital, sharing responsibility, and the need for safeguarding an individual stake in a partnership.

Liability problems originate from the fact that partners are 100% liable to the actions of other partners. For instance, when one partner makes a mistake, the others are liable for that mistake and any additional debt or obligations that come with the mistake. The other mistake is the difficulty associated with raising capital in general partnerships since every partner has unlimited liability. Third, as partnership mean that every party is entitled to sharing profits and decisions with other parties, there is a likelihood of disagreements to happen in both cases. Consequently, both partners must give a considerable amount of time to the business resulting in more responsibility to every partner (Paul, n.d.).

Despite of numerous advantages to forming partnerships, there are many things that each party should watch out when forming them. One of these… [read more]


Intrinsic Relationship Between Common Law Essay

… An excellent example of this fact is the U.S. Mayors Climate Protection Agreement, which essentially states that the mayor of a number of cities have pledged that their cities will reduce greenhouse emissions within their municipalities until they are seven percent below the levels in 1990 (No author, 2012). In attempting to reach this goal by 2012, a number of the different municipalities are enforcing standards that are stricter than those implemented by the Environmental Protection Agency. Austin, Texas, is requiring new single family home residents to use at least 60% less energy than that found by contemporary standards, and has targeted 2015 as the date by which this goal should be met.

Such a fairly strident measure, which the city is attempting to enforce much like other legislation within its borders, certainly appears to exceed the limits of severity imposed by common law remedies. In comparison to the decidedly ambiguous terminology of the aforementioned doctrines, the former is more austere than the latter primarily because of the degree of specificity its mandates require of citizens. An analysis of the potential legislation of transgressors of each of these two types of laws readily confirms this fact. If an organization or an individual is accused of behavior that constitutes a private nuisance, then he or she will be able to defend him or herself by attempting to prove that their behavior was not substantial, and that it was not unreasonable due to whatever situation the circumstance are involved in. By comparison, If a single family home in Austin has not used less than 60% less energy than contemporary standards, there is a lot less leeway to argue against such claims. Generally speaking, such a case will simply be decided by checking the energy records of that household and comparing it to 60% of modern standards. Therefore, uniform standards certainly exceed those of common law doctrines.

References

McAdams, T. (2008). Law, Business and Society. New York: McGraw-Hill.

No author. (2012). "The U.S.…… [read more]


Negligence Misstatements in the Law Term Paper

… In the letter Swale believed this would give the Mullins enough time to lease the 6th floor even though it might have taken somewhat longer for the 7th[footnoteRef:5]. The "somewhat longer for the seventh" was regarded as additional month and there was no indication that this constituted negligence in the circumstances. Mullins alerted Swale that they would begin negotiations on sub-leasing the Citibank space. Because of the market crash, no tenants were found. Mullins later sued Richard Ellis; Mullins claimed that Richard was negligent by not amending their advice with respect to leasability of the original offices after the stock market crash. (Richard Ellis (W.A.) Pty Ltd. v Mullins Investments Pty Ltd. (in liq), 1995). At the trial, the judge ruled in favor of Mullins, on the basis that the advice had 'a continuing effect and operation'[footnoteRef:6]. Later the Supreme Court disagreed with the ruling citing lack of reliance by Mullins on the advice at the time of the formal offer. The Court claimed that was no reliance on the representation.[footnoteRef:7] [4: Richard Ellis (W.A.) Pty Ltd. v Mullins Investments Pty Ltd. (in liq). (1995). Aust Torts Report.] [5: Ibid 81-309, 62,090. ] [6: ] [7: Richard Ellis (W.A.) Pty Ltd. v Mullins Investments Pty Ltd. (1995). Aust Torts Reports 81-309, 62,084. ]

It appears well established that pure economic loss can be recovered in cases where the defendant assumed the position of the claimant. Liability might therefore rise from negligent statements. Here the burden of proof is on the person who made the negligent statement, to make an innocent defense by proving that the comment was not one of fact, but rather opinion and that "had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true."

Bibliography

Elliott, C., & Quinn, F. (2007). Tort Law. London: Longman.

Hedley Byrne & Co Ltd. v Heller & Partners Ltd. . (1964). AC 465.

Richard Ellis (W.A.) Pty Ltd. v Mullins Investments Pty Ltd. (in liq) . (1995). Aust Torts Reports 81-309, 62,090.

Richard Ellis (W.A.) Pty Ltd. v Mullins Investments Pty Ltd. (in liq). (1995). Aust Torts Report.

Richard Ellis (W.A.) Pty Ltd. v Mullins Investments…… [read more]


Aristotle and Aquinas Law Case Study

… Distributive justice is an overall social consideration of justice rather than that between two individuals. Corrective Justice is based on fairness in which the individuals are held as equals before the law in exchange of good with no consideration for their merit and involves the adjudication that restores equality to the two unequal individuals. This type of justice is focused on transactions between two individuals within society rather than on society-at-large. Aristotle held that that which is reciprocal is just and is a concept based on an eye for an eye. Aristotle related that the Pythagorean definition for justice was that of reciprocity.

Summary and Conclusion

Aquinas holds the belief as written in the gospels that man is inherently evil and that law is required to motivate man to good actions. He holds that is incapable of judging other men fairly and that the law is needed to motivate equity and justice in society. Aristotle on the other hand believed that man inherently knew the equitable and just way that he should act whether man acted in a just and equitable manner or not. Aquinas notes that if this were the case that the Psalmist David would not have prayed to God to…… [read more]


Rule of Law Today in China Research Paper

… China and the Rule of Law

A kind of democratic transformation is underway in Communist China, and that is thanks in no small part to China's race toward modernity. Such modernity, however, is highly dependent upon China's ability to operate… [read more]


1950s, Attempts to Integrate Fundamental Term Paper

… One year later in 1970, the ECJ quickly elaborated and expanded upon its Stauder decision in the case Internationale Handelsgesellschafi. In this case, a German court ruled that EU regulations breached the German constitution. The importance of the ECJ's decision was that though EU regulations and law could not remain consistent and in-line with member-state constitutions, it held that fundamental rights form an "integral part of general principles of . . . [EU] law." Further, the ECJ held that if a member-state's constitution or law flowing from the same is inconsistent with or violates an EU fundamental right, then the violation could provide the foundation for a successful challenge to a member-state's law. With this decision, the European high-court had effectually created a doctrine whereby they had the potential authority to determine a body of unwritten rights (or if you will, a "penumbra") which are binding upon member states. The ECJ's argument in Internationale Handelsgesellschafi solidified and clarified its view hinted at in Stauder.

The next major development in the ECJ's ability to determine and protect European fundamental rights is found in the case Nold v Commission in 1974. In this case, the ECJ reaffirmed that fundamental rights do in fact form a part of EU general principles and law, however, the Court found two additional sources for the determination of that law. First, in Nold, the ECJ drew upon the constitutional traditions of member states by stating "it cannot . . . uphold measures which are incompatible with fundamental rights recognized and protected by the constitutions of those states," and as a result the effect was to draw upon the constitutional and interpretative doctrines of member state constitutions. Secondly and uniquely, the Court also found inspiration for determination of fundamental rights in the treaties and conventions signed by member states. It held that such conventions such as the Convention for the Protection of Human Rights, the Geneva Convention, etc. To which member states are signatories can "supply guidelines which should be followed within the framework of Community Law." Thus, the ECJ found additional foundations for rights determinations.

One fundamental right recognized and protected by the ECJ is the right to freedom of expression. This right has a long history and is European -- primarily Anglo -- in origin (1729's Cato's Letters is considered one of the first and strongest theoretical statements of this right). The ECJ reaffirmed this right in the 2001 case Bernard Connolly v Commission of the European Communities. In this case, an EU commission official wrote a "tell all" book in which he detailed potential corruption within the EU, and since he was in office at the time of the text's publishing, he was "relieved of duties," so to speak. Mr. Connolly then brought charges before the ECJ for having his fundamental right to freedom of expression violated. In particular, the plaintiff argued that his Article 6(2) (European Convention for Human Rights protection) had been violated. The expressive right he claimed is found in Article 10… [read more]


Legal Book Review: The Buffalo Term Paper

… Pittston used the defense that the flooding was caused by an 'Act of God.' However, Stern points out that it was not an Act of God that Pittston never engaged in basic safety precautions. It piled more water in the dam that it was designed to hold and had utilized no safety mechanisms or disaster planning. Furthermore, another case, decided in 1926, in which a coal company had constructed a similarly faulty structure, had found a company's behavior of "piling the waste material so as to obstruct a natural watercourse" to be negligence (Stern 63). Pittston's original offers to the plaintiffs were outrageously low -- $4,000 to cover a six-room home (Stern 53). The most surprising and heartening aspect of Stern's fight was that he pressed on, even though the plaintiffs he represented were mostly poor, and he could expect little financial restitution on a personal level from the case, compared with the more lucrative work he could have obtained in his regular work as a lawyer. Stern was ruthless in the manner in which he brought his case to trial and had the victims to relive their testimony in transcripts, to expose to the world what occurred as the result of Pittston's negligence. His single-minded actions were necessary to bring about the eventual settlement. Often pathos is necessary to ensure that a fair settlement is achieved in a civil action, particularly when small and powerless plaintiffs are attacking a large corporation with massive assets and political support.

Today, a company like Pittston would likely not have fought so assiduously against the interests of poor, sympathetic defendants. In the age of the Internet, the outrage and the suffering caused by the disaster would have become publicized and dramatized far more quickly, much like the negligence shown regarding the evacuation of the Ninth Ward during Hurricane Katrina or the fallout from the BP oil spill was broadcast around the world. Admitting blame and offering a larger initial settlement seems sensible in retrospect, but Pittston was arrogant because of the power it had amassed in the state.

Work Cited

Stern,…… [read more]


China the Current State Term Paper

… Decisions begin and end with the Communist Party. There is no ethic that suggests a judiciary should be independent of the government; such an ethic must be created if China's fledgling judiciary is to succeed.

The pressures put upon China to change its judicial model are mounting. Issues like intellectual property are rising to the top in a country that hosts significant amounts of foreign direct investment. Disputes ranging from corporate embezzlement to breach of contract end up being settled outside of court: without due process of law. There are increasing numbers of Chinese law students, but still, the country lacks a significant enough number of attorneys to properly represent people when the need to take legal action does arise.

Mediation and other alternatives to the courtroom have been championed in China for thousands of years. Individuals or companies may lodge complaints, but those complaints will rarely be heard in a fair manner. Because the government has the final say, it will rule in ways that favor the perpetuation of government policy rather than what is just.

Moreover, Chinese criminal law is problematic. There is no presumption of innocence. There is a presumption of guilt, and the burden of proof falls upon the defendant. Of course, defendants are rarely capable of proving their innocence. Without a lawyer, proving innocence is difficult enough. Without a lawyer and also without any standard system of trial, a person can be accused and convicted of a crime in one fell swoop. China seems committed to overhauling the system, but the changes are bound to happen slowly.

References

"The Legal System in China." World Savvy Monitor. June 2008. Retrieved online: http://worldsavvy.org/monitor/index.php?option=com_content&view=article&id=113&Itemid=176

"The People's Court." PBS Wide Angle. 11 July 2011. Retrieved online: http://www.pbs.org/wnet/wideangle/episodes/the-peoples-court/introduction/162/… [read more]


Law Represented in Inherit the Wind Essay

… Inherit the Wind

The play by Jerome Lawrence and Robert Lee, "Inherit the Wind," was based on the infamous trial held in Tennessee (in 1925) over a teacher's right to teach Darwinism in a public school. A few years later movie director Stanley Kramer produced a film with the same title. It is ironic that today, 87 years later, a similar argument is being made in conservative Southern states like Texas, Mississippi, Alabama, to name a few. The controversy today exists because the religious right insists on placing the Biblical story of "Creation" (or a similar theory) in the same science books that explain evolution, which is frankly absurd, mixing science and religion; but the American society is fractured and polarized vis-a-vis religion, politics, and science.

The Plot of the Play

Meanwhile, the plot of "Inherit the Wind" begins as teacher Bert Cates is arrested for teaching evolution to his sophomore science class. He's in jail and his girlfriend, Rachel Brown, happens to be the daughter of the preacher Reverend Brown (who is vigorously opposed to the idea of evolution), so she is torn between her father and her boyfriend, Cates. The prosecuting attorney is a former presidential candidate (Matthew Harrison Brady, playing the part of William Jennings Bryan), which frightens Cates because of the notoriety surrounding Brady. But a famous defense attorney, Henry Drummond (playing the role of Clarence Darrow), takes Cates' case and though Cates loses in court, and is fined $100, Drummond destroys Brady's credibility by putting him on the stand and exposing the fact that Brady doesn't interpret the Bible literally.

The Legal Issue

In the real case, John Thomas Scopes was never put in jail but he did break the law because in March, 1925, Tennessee Governor Austin Peay signs the Butler bill into law, the first law in the U.S. "…to ban the teaching of evolution" (www.npr.org). Looking at that law now, it was not fiction, it was real. This law (Butler bill) reflects several things about Southern society in 1925. The South was still segregated (African-Americans couldn't vote in many instances; their children were sent to schools that were clearly not on a par with…… [read more]

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