"Law / Legal / Jurisprudence" Essays

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Running Successful Business Term Paper

Term Paper  |  5 pages (1,620 words)
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Business Law - Issues in Contract Law and Agency Law

Business Law - Analyses of Issues

Jose always admired successful entrepreneurs who have started their own businesses and then expanded them successfully. Among those ventures that he most wanted to emulate is Starbucks Coffee; it seemed to Jose that a new Starbucks opened up every week in the community where… [read more]


Environmental Law Term Paper

Term Paper  |  15 pages (4,405 words)
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Nissan v. Maryland Shipbuilding

In the last several decades as industry has increased throughout the United States, there have been several court cases regarding industrial chemicals, their use, and the liability of those using potentially hazardous materials. From personal property cases to cases between industries, the court systems have struggled to determine criteria for negligence, trespassing, liability, and other aspects… [read more]


Clinton Cole v. Burns International Security Services Case Report Term Paper

Term Paper  |  3 pages (969 words)
Bibliography Sources: 1+

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CLINTON COLE v. BURNS INTERNATIONAL SECURITY SERVICES Case Report

How did the Court apply Gilmer to determine the enforceability of this agreement?

The stated agreement points out employees' consented renunciation to take their employer to court, in front of jury, and in stead their agreement for all company related issues to be resolved by an arbitrary party. The precedent case of Gilmer vs. Interstate/Johnson Lane Corp. concluded that such an agreement is not enforceable in all cases, only in those that meet the established standards. "We read Gilmer as requiring the enforcement of arbitration agreements that do not undermine the relevant statutory scheme. The agreement in this case meets that standard." The required standard of an arbitration agreement is its validity in regard to the EEOC and NLRB regulations and also the arbitrators' ability to enforce the laws that protect workers. Meeting all the requested criteria, the Cole - Burns Security arbitration agreement was considered valid and enforceable.

2) How did the Court resolve whether only the employer should pay all arbitrator expenses?

All the expenses adherent to the previous cases arbitrated law have been paid by the employer. But the case of Clinton Cole vs. Burns International Security Services raised the question of having the employee meet the costs, entirely or at least partially. In response to the employer's request to only pay part of the fee, the Court analyzed the arbitration agreement and found it to be ambiguous. The Court responded that the ambiguity should be eliminated and based on the contract signed between employee and employer, ordered Burns Security to pay the entire fee.

Furthermore, since the Court's aim is to resolve the dispute between the two parties by protecting their rights, they felt the employee is not to be charged for the judiciary services. "Because public law confers both substantive rights and a reasonable right of access to a neutral forum in which those rights can be vindicated, we find that employees cannot be required to pay for the services of a "judge" in order to pursue their statutory rights." In addition, the Court stated that the only way for an arbitration agreement to be considered valid is for the employer to assume all arousing expenses.

3) How did the Court resolve the issue of the scope of judicial review of an arbitration award?

In his attempt to dismiss the enforceability of the arbitration agreement, Clinton Cole stated his opinion that the decisions made by the arbitrators did not have a judiciary support and therefore might not be enforced. But the court felt differently. All ruling of arbitrators are based on rigorous judiciary procedures which are in full accordance with the statutory laws. "In this context, the Supreme Court has assumed that arbitration awards are subject to judicial review sufficiently rigorous to ensure compliance with statutory law."

Furthermore, all arbitration procedures and decisions are being checked by the Supreme Court…… [read more]


School Law: Dawson v. East Side Union Term Paper

Term Paper  |  2 pages (715 words)
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School Law: Dawson v. East Side Union High School District

Could the court reasonably have construed the authority of the state board more liberally to arrive at a contrary result?

The issue of the case revolved around the question of Channel One (produced by Whittle Communications), a for-profit student educational television network production that contained advertising as well as informative news content. The appeals court ruled that while the school board that had approved the 10 minute instructional content/2 minutes of commercial content of the Channel One broadcast as reasonable had primary jurisdiction over local policy matters, the courts could intervene in terms of egregious abuses of the instructional purpose of public education. The appeals court ruled contrary to the trial court that the channel was in violation of the school's mission of fulfilling of a valid educational purpose. The appeals court stated that the commercial content disseminated by Channel was not incidental to the non-curricular broadcast. The question of what was "incidental" was the main issue of the case. The plaintiff (the State Superintendent of Public Instruction) agreed that it was acceptable for students to be exposed to noncurricular matter with a valid educational purpose (otherwise, a museum trip or a taped TV version of a play a teacher thought was relevant to the syllabus without advertisements would be illegal, since such an excursion or material, strictly speaking would be noncurricular).

The plaintiff argued that a school cannot display video advertising to students as a matter of law and the trial court disputed this notion. The appeals court confirmed the findings of the trial court regarding this matter, and also disputed the plaintiff's argument that advertising was just as dangerous as students being exposed to a one-sided political campaign. The appeals court only agreed that advertisements on Channel One glorified consumption and were not accurate or objective and were inconsistent with the stated statutory purposes of California public education and State School Board policies.

What is so extraordinary about the ruling is that it did not prohibit video advertising to students, but specifically prohibited the type of advertising embodied by the media of Channel One that…… [read more]


Criminal Justice System: How Laws Term Paper

Term Paper  |  3 pages (772 words)
Bibliography Sources: 5

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Criminal Justice System: How Laws Are Made and Changed

CRIMINAL JUSTICE SYSTEM

The objective of this work is to describe the factors that have influence upon the conceptualization and development of new criminal law and the alteration of existing criminal law. Included will be the specific roles of the political lobbyist, the media, citizen groups and the individual citizens and the criminal justice system in this process.

The making and changing of laws in the United States is according to a very specific process. The work of Charles W. Johnson, Parliamentarian of the U.S. House of Representatives entitled: "How Our Laws Are Made" states: "...one of the most practical safeguards of the American democratic way of life..." is the legislative process in the United States. The legislative process in the Untied States demands that a proposal cannot become a law without consideration and approval by 'both' Houses of Congress." (2003) Johnson states that this is: "...an outstanding virtue of our bicameral legislative system." (Johnson, 2003)

I. Sources of Legislation

The making of law begins with the U.S. Congress. Article I and Section 1 of the United States Constitution provides that: "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." (Johnson, 2003) There are 100 members of the U.S. senate with two coming from each of the U.S. states and which is not based on population or area of the states. The two members of senate are elected by the people of each state "in accordance with the 17th Amendment to the Constitution." (Johnson, 2003) AU.S. Senator is required to be at least 30 years of age and a resident of the state from which that senator is elected. Senators serve six years. The sources of "ideas for legislation are unlimited and proposed drafts of bills originate in many diverse quarters." (Johnson, 2003)

The primary source for proposed drafts of bills are those "conceived by a Member." (Johnson, 2003) Additionally, constituents of a Member, "...either as individuals or through citizen groups, may avail themselves of the right to petition and transmit their proposals to a Member." (Johnson, 2003) This right is guaranteed by the First Amendment to the U.S. Constitution. Additionally state legislatures may "memorialize Congress to enact specified federal laws…… [read more]


Panetti v. Quarterman Supreme Court Case Term Paper

Term Paper  |  6 pages (2,079 words)
Bibliography Sources: 3

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United States Supreme Court Decision Brief

SCOTT LOUIS PANETTI, Petitioner-Appellant, versus DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT of CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee.

UNITED STATES SUPREME COURT

PRIOR HISTORY: Appeal from the United States Court of Appeals for the Fifth Circuit, 448 F. 3D 815.

COUNSEL: For SCOTT LOUIS PANETTI, Petitioner - Appellant: Keith S. Hampton, Hampton Law Office, Austin,… [read more]


Good Samaritan Law: Its Concept and Implications Term Paper

Term Paper  |  4 pages (1,168 words)
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¶ … Good Samaritan Law: Its Concept and Implications to Health Care

The Good Samaritan Law stipulates that Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance." (Barton, 2004, Good Samaritan Laws and AEDs, par.11)

It encourages individuals to come to the aid of those who need assistance during emergency situations without doubting if there are legal implications of their actions. During the Legislative Assembly of Manitoba, Ms. Bonnie Korzeniowski argued that the purpose of the Bill 214 or the Good Samaritan Protection Act is to encourage rescuers to assist the victims because the act removes some of the risks of liability. She stated that the intention is to keep people from being so reluctant to help a stranger in need of fear of legal repercussions if they make some mistake in the rescue attempt or in the treatment. The idea is that, by providing some coverage with liability, we will encourage people to come forward and help others." (Legislative Assembly of Manitoba, Second Reading, Public Bills, par. 25)

The website of Massachusetts Law about Health Care specifies individuals who are immune from civil liability for providing emergency care. Based on Section 12V of Chapter 112 of the General Laws of Massachusetts, "any person who is trained according to the standards and guidelines of the American Heart Association or the American National Red Cross in cardiopulmonary resuscitation or the use of semi-automatic or automatic external defibrillators or any person who has successfully met the training requirements of a course in basic cardiac life support, conducted according to the standards established by the American Heart Association is exempted from civil liability." Moreover, in Section 21, Chapter IIIC, certified emergency medical technicians will not be held liable if they render service during emergency. It should be noted that the scope and limitations of the Good Samaritan Law vary from each state. In West Virginia, the Good Samaritan Law applies to medical and non-medical trained people who render emergency care to the victim provided that he/she did not charge the victim and that it is rendered in good faith. In Pennsylvania, the law does not apply to non-medically trained individual who rendered emergency service. In the District of Columbia, individuals who do not have a medical license to assist during emergency is immune from civil liability if they handover the victim to a licensed medical person. Both the physician and the paramedic are not held liable during emergency situation unless it is proven that negligence in handling the victim was committed and that they charge the patient for their service. Although the scope and limitations of the law vary from each state, it is noted that… [read more]


Contract Theories Term Paper

Term Paper  |  25 pages (8,091 words)
Bibliography Sources: 10

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Contract Theory: Contract Theory: Are Contracts Required for an Efficient Marketplace?

Contract Theory: Are Contracts Required for an Efficient Marketplace?

The primary business document that is used in the United States and most other countries of the world today is the contract. Contract law generally attempts to consider questions such as whether an enforceable contract actually exists, what the true… [read more]


Under What Circumstances if Any Is it Appropriate to Depart From the Rule of Law Essay

Essay  |  10 pages (3,689 words)
Style: Harvard  |  Bibliography Sources: 15

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¶ … depart from the rule of law?

Rule of Law

As Waldron (2009) emphasizes, the rule of law is considered to be "… one of the most important political ideals of our time."

He provides the following example of the rule of law in an international setting.

As a November 2007 New York Times editorial states, when President Musharaff… [read more]


Due Process in the American Legal System Essay

Essay  |  3 pages (1,054 words)
Bibliography Sources: 5

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¶ … Due Process in the American Legal System

The United States is the country of laws. The country was established in opposition to what was perceived as the lawlessness of the British colonial rule in America. The framers of the Constitution of the United States -- as well as those who added important Amendments later -- worked hard to make sure that the rights of all citizens are protected. It was enshrined in the Constitution that no person, agency, or institution, including the government can violate inalienable rights of any citizens. Even criminal proceedings should follow due process of law. For example, the Fourteenth Amendment states that "No state shall . . . deprive any person of life, liberty, or property, without due process of law" (Lewis 8). The Constitution, however, is subject to interpretation and many of its provisions have been historically applied in different manners. One judicial institution in the United States that deals with the interpretation of the Constitution in pertaining to the rights of persons is the Supreme Court. In the last century, the Supreme Court made important rulings regarding due process that protects suspected criminals from unfair trials. In several important rulings, the Court highlighted the importance of legal representation for persons accused of crimes and the importance of due process the police must follow in prosecuting and detaining crime suspects.

The Supreme Court normally deals with issues related to federal law. However, there are circumstances when a ruling made by a state court may be brought to the Supreme Court and overruled. For instance, if a person believes that he/she was tried in a court without "due process of law," then the person may bring the case to the Supreme Court (Lewis 15). This was the case of Clarence Earl Gideon who appealed to the Supreme Court in 1962 after the state court of Florida had denied his request to have an attorney appointed by the Court. Gideon asserted that it was his Constitutional right to have an attorney appointed by the Court. The Florida Court claimed that the Fourteenth Amendment did not grant Gideon the right to a counsel, citing 1942 Betts v. Brady Supreme Court ruling, which said that only defenders accused of serious crimes were entitled to a free counsel and that each case should be reviewed by the court in a case-by-case scenario.

The Supreme Court overruled Betts v. Brady in 1963 by declaring that Gideon had the right to a counsel in line with the Sixth Amendment to the Constitution. The Court granted Gideon the right to have a counsel because the court accepted and agreed with Gideon's suggestion that "a citizen of the state of Florida cannot get a just and fair trial without the aid of counsel," and that a counsel is required to avoid "such things as hearsay, perjury or Bill of attainer against him" (Lewis 40). There is no guarantee that a legal representation can ensure fair trial, but at least an attorney defending… [read more]


Wills Outline of Gilbert Law Summaries Essay

Essay  |  10 pages (3,832 words)
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¶ … Wills

Outline of Gilbert Law Summaries -- Wills

Intestate Succession

Patterns of intestate distribution. Rules vary from jurisdiction to jurisdiction, but generally in those cases where the decedent did not leave a will or the will does not provide for complete distribution, the pattern of distribution is typically the spouse (who receives one-half or one-third if there are… [read more]


Gilbert's Summaries Contracts the Law Essay

Essay  |  18 pages (5,347 words)
Bibliography Sources: 0

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Gilbert's Summaries

Contracts

The law of contracts represents society's attempt to formalize promises between parties. Promises are agreements between parties that are supported by consideration. Historically, consideration was described as a benefit received by one promisor or as detriment incurred by the opposing promisor. Modern legal theorists, however, describe consideration as being equivalent to a bargain, that is, an exchange… [read more]


Law Complies With the Equal Protection Clause? Essay

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

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¶ … law complies with the equal protection clause?

There are three levels of review in determining whether a law complies with the equal protection clause: a) Rational basis; b) intermediate scrutiny; c) strict scrutiny. The rational basis review asks whether there is some rational relationship between disparity of treatment and some legitimate governmental purpose. The intermediate scrutiny test is the newest adopted by the courts. Intermediate scrutiny involves a statutory classification that is related to an important governmental objective. The final test is strict scrutiny. This test is far more stringent than either rational basis or intermediate scrutiny. This standard is to be applied in situations where suspect classifications or fundamental rights are at stake.

Explain the concept of preemption.

This concept arises from the Supremacy Clause of the U.S. Constitution. Under this concept certain legal matters are considered to be of such national importance that federal laws take priority over state laws. Preemption, thereby, prohibits any state to pass any law that proves to be inconsistent with the federal law. The same concept can also be applied in relation to state laws vs. local laws or ordinances where the state law would preempt the local laws.

3. What is the significance of the commerce clause?

The Commerce Clause's significance arises from its empowering Congress to possess exclusive power over trade among the states and foreign countries and Indian tribes. Trade exclusively within the borders of an individual state is outside the…… [read more]


Forensics, Law, &amp Psychology: False Research Paper

Research Paper  |  3 pages (1,096 words)
Bibliography Sources: 3

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Following cases of a similar kind, particularly that of Miranda v. Arizona (1966), the Supreme Court ruled that coerced confessions were inadmissible in court unless the defendant had previously been allowed to consult with an attorney and advised of his rights to remain silent. Nonetheless, as shown, false confessions remain a regularity of the forensic scene and this is due to the fact that numerous elements involve themselves in prompting such a confession. Unless these factors are known too many innocent people will continue to be convicted wrongfully. The only way to prevent this is to conduct reliable and insistent research into the factors that prompt false confessions. Disallowing coerced confessions is insufficient. As shown earlier, Bedau and Radelet (1987) discovered 350 cases of false confessions in the United States alone. In 49 of these cases, coercive strategies were used to elicit the confession. That this situation exists and continues may be primarily due to the Arizona v. Fulminante (1991) where the Supreme Court ruled in reversal to its former decision that convictions based on coerced confession need no longer be automatically reversed. Other evidence needs to be accumulated to show that the conviction was wrongful. In other words, the confession may have been coerced, but significant evidence nonetheless exists to convict the defendant. In this case, the prosecutors may continue with their judgment and the sentence stands.

This latest ruling by the Supreme Court is changing and has changed methodological research in this field for no longer is it exclusively and conclusively accepted that coercive strategies are unwelcome and forbidden, and that, if they occur, they annul the conviction with recurrence of the case having to occur, but now researchers are focusing on the possibility that coercive strategies actually do occur and, this being so, methodologies come into focus on how to recognize these coercive confessions. Furthermore, related research also attempts to distinguish between coercive confessions that have elicited deserved sentencing and those that have sentenced an innocent person to undeserved consequences. Researchers in the convergence of psychology, law, and forensics provide various reasons as to the recent trend in coerced confessions. Some provide psychodynamic rationale (Conti, 1996), whereas Zimardo (1967) posits police incompetence. The tendency has become for police interrogators to resort to outright lies (Conti, 1996), and more than one recent textbook presents step-by-step methods whereby interrogators can elicit a forced confession from a suspect (ibid.). From disallowing coerced confession to allowing it under certain conditions -- this has become a situation that is convenient for the police and has changed the environment of forensic law in convergence with psychology. In return, social psychologists now focus their methods to examining the why's and wherefores of coerced confessions as compared to a time -- not too long ago -- when coerced confession was disallowed and, therefore, methodological research on the subject was non-existent.

References

Brandon, R., & Davies, C. (1973). Wrongful imprisonment. London, England: Allen and Unwin

Brothers Ltd.

Conti, R.P. (1999) The Psychology of False Confessions. The… [read more]


Tort Law Vicarious Liability Essay

Essay  |  3 pages (1,002 words)
Bibliography Sources: 3

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Tort Law -- Vicarious Liability

The legal concept of tort -- the basic bottom line idea -- is a wrongful act, an illegal act, according to FindLaw.com. It is a "wrongful act other than a breach of contract that injures another" and it is an act for which the law enforces a "civil liability" (FindLaw.com). Another aspect of tort is that it is a clear violation of one's "duty" -- which differentiates it from a breach of contract. The Stanford Encyclopedia of Philosophy (SEP) relates that there are several branches of private law and tort is but one of them. The other branches of private law are contract law, property law, and restitution (also known as "unjust enrichment").

What's important to know about tort law is the judgment does not result in punishment through incarceration; but rather, when a victim of a scam sues the individual who perpetrated the scam through tort law -- and the plaintiff wins the suit -- the scammer may be obliged to pay "compensatory damages" (SEP). In some cases the plaintiff can be awarded "punitive damages" as well (in excess of compensatory relief).

Is there sufficient evidence to suggest this was an intentional tort? Yes there is an enormous amount of evidence in the Robert Courtney case to prove intentional tort on his part. In a case of intentional tort, the perpetrator fully intends to bring about a very specific result. In this case the intentional diluting of cancer-fighting drugs was done to bring about an obvious result and consequence: Courtney profited handsomely resulting from his intentional tampering and adulterating the chemotherapy drugs. It is possible to argue that Courtney did not commit intentional tort because in the strictest definition of the term it means that someone has intentionally physically injured a person or interfered with a person's property. But that is splitting hairs in this case.

Intentional interference with a person suggests that the perpetrator has committed an offence (brought harm to a person) that was intended, not just reckless or careless. "The classic intentional tort in medical practice is forcing unwanted medical care on a patient," according to the Louisiana State University Law Center. In this particular instance the patients of Courtney were receiving (unbeknownst to them) "unwanted" medical care. They wanted honest, medically sound care and they were expecting to get what they paid for -- the full dose of very expensive medicines. But because they were tricked, they were not getting what they wanted (or needed).

A desperate defense attorney in a case like Courtney's could make an argument that Courtney did not "force" the medication on the patients, that they willingly ordered the medications, paid for them in good faith, and used them. But a sharp prosecutor could shoot down that point. In fact asking people to accept something that is fraudulent -- under the false impression that it is genuine -- is forcing it on them. The Encarta World English Dictionary defines "force": "to use superior strength, violence, or… [read more]


Health Service Managers and the Law Discussion and Results Chapter

Discussion and Results Chapter  |  2 pages (753 words)
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¶ … starting point of this analysis is a determination as to whether or not the advertisement in the "Trading Post" by the seller of the cabinet constituted a legitimate and enforceable offer. As the beginning point of any contractual relationship is the offer, the integrity of the negotiating process between Steven (the potential purchaser) and Susan (the seller) is paramount to any further discussion. It has been black letter law in the Australian legal system that advertisements contained in publications available to the general public such as the "Trading Post" can be considered as valid offers and, unless clearly withdrawn, subject to acceptance (Carlill v. Carbolic Smoke Ball Co., 1893). As the facts of the case indicate clearly that Steven conveyed his acceptance of the terms of the advertisement, Steven has a strong argument that he has an enforceable legal contract with Susan for the purchase of the cabinet for the advertised price of $8,000 (Empirnall Holdings Pty. Ltd. v. Machon Paull Partners Pty. Ltd., 1988). The fact that Susan responded to Steven's initial acceptance by now offering the cabinet for sale for one week at the new price of $10,000 is clear evidence that she received Steven's acceptance at the $8,000 offering price. Arguably, the case should have been terminated at this point and the transaction closed, however, Steven's failure to enforce the original terms and to proceed to again agree to accept Susan's new offer to sell at $10,000 complicates the matter further and, from the standpoint of Steven, needlessly.

Steven's failure to enforce the original terms of a valid contract and to subsequently enter into extended negotiations with Susan on the new terms may be construed as a withdrawal of his original intent to be bound by the $8,000 agreement. Such position is tenuous but necessary in light of the fact that Steven is ultimately denied the right to purchase the cabinet because of the subsequent actions of Susan. The facts in the case do not clearly indicate on what date Steven conveyed his new acceptance to Susan and this omission may affect the validity of Steven acceptance on the second offer. Susan's new offer was open for one week from June 1st. Under the postal rule, Steven would have been provided…… [read more]


U.S. Legal System United States Reaction Paper

Reaction Paper  |  2 pages (580 words)
Bibliography Sources: 2

SAMPLE TEXT:

U.S. Legal System

United States Legal System

Sources of Law -- The United States Constitution is the "supreme law of the land." The Constitution divides the federal government into three branches, each of which has an impact on the legal system.

Legislative -- The legislative branch, consisting of the Senate and House of Representatives, passes legislation which becomes law.

Executive -- The executive branch of government consists of the President, the Vice President, and 15 cabinet-level departments. Each of these departments may contain many organizations. The President has the power to sign into law or veto any legislation passed by the legislative branch. Additionally, Congress delegates law-making power to various cabinet organizations such as the Environment Protection Agency and the Food and Drug Administration.

c. Judicial -- The judicial branch of the federal government is the branch that the Constitution empowers with settling disputes involving federal law or between citizens of two different states. Additionally, the judicial branch determines whether or not a statute (federal or state) violates the U.S. Constitution. The judicial branch is where the federal court system resides.

II. Types of Court Cases -- There are generally two types of cases which may be heard by courts. These include civil cases, which are disputes between two parties, and criminal cases, which involve an action that is harmful to society as a whole.

a. Criminal -- When a person is formally accused of a crime, they receive an indictment (for felonies) or information (for misdemeanors). Criminal cases involving federal laws are prosecuted by the United States Attorney's Office. Criminal cases involving state laws are prosecuted according to the procedures of each state. Once a court determines that the individual committed the crime, he or she is sentenced. Sentencing…… [read more]


Prevailing Legal Theory Research Paper

Research Paper  |  2 pages (802 words)
Bibliography Sources: 5

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It should be noted that the term 'judicial activism 'is often used as an epithet to characterize the acts of justices who strike down laws or reinterpret laws in a manner that is seen as 'adding' to the laws of the U.S. Constitution. However, "what is usually meant by judicial activism is not simply judicial activity or judicial activity invalidating action by the political branches. Rather, judicial activism means judicial activity that wrongfully invalidates action by the political branches" such as segregation (Sollum 2009). Protecting the rights of citizens rather than narrowly adhering to conventional interpretations of existing law is prioritized by so-called judicial activists. For example, in 1965, in Griswald v. Connecticut, the Warren Court declared that the state's current birth control laws unconstitutional because they made it "a crime for anyone to give out information or instructions on the use of birth control devices" which "intruded upon notions of privacy surrounding the ideas of marital privilege and reproductive rights" (Stephens 2003).

A final, common popular legal theory is that of postmodern legal theory. This theory stresses the socially and historically-constructed nature of concepts such as 'truth' and 'justice.' Rather than seeing justices attempting to achieve the same ends, but interpreting the Constitution in a different manner, postmodern theorists stress that the idea of what the Constitution 'literally' means or even implies is based upon a subjective, rather than objective impression (Carmona 1999). The reason that African-Americans have been treated as property in the 19th century, were declared 'separate but equal' even after the end of slavery, and were only formally accorded full rights to integrated education in Brown is due to social and perceptual changes, not because justices and politicians have finally arrived at the 'correct' interpretation of amendment to the Constitution.

References

Carmona, Ana Julia Bozo. (1999). Toward a postmodern theory of law. Paideia project.

Retrieved May 24, 2011 at http://www.bu.edu/wcp/Papers/Law/LawBozo.htm

Jones, Jeffrey. (2009). Americans in agreement with Supreme Court on gun rights. Gallup.

Retrieved May 24, 2011 at http://www.gallup.com/poll/108394/Americans-Agreement-Supreme-Court-Gun-Rights.aspx

Sollum, Lawrence. (2009). Legal theory lexicon: Strict construction and judicial activism.

Legal Theory. Retrieved May 24, 2011 at http://lsolum.typepad.com/legaltheory/2009/11/legal-theory-lexicon-strict-construction-and-judicial-activism.html

Stephens, Mark. (2003). Right of privacy. California State University.

Retrieved May 24, 2011 at http://faculty.ncwc.edu/mstevens/410/410lect16.htm

Supreme Court OKs corporate campaign contributions. (2010, January 21). PBS.

Retrieved May 24, 2011 at http://www.pbs.org/newshour/bb/law/jan-june10/supremecourt_01-21.html… [read more]


Civil Law Essay

Essay  |  2 pages (619 words)
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Civil Law

There will be cases wherein one party will feel having been wronged by another either intentionally or unintentionally. In the case of Sara Andrews vs. John Smith, the latter throwing a baseball on the street and causing damage to the former's car is unfortunate and unintentional. However, the injured party should never be the one who will have to pay for the damage she did not caused herself. Thus, having the right to file a lawsuit protects her from being left out and pay for the damages to her car and the treatment to the physical problems she has had thereafter. Surely John Smith would say that what occurred was an accident. But examining the matter further, it would be obvious that the street is where various vehicles and pedestrians come and go, and when someone throws a baseball on the street, more than likely someone will get hit and may get hurt as in Ms. Andrews case. Hence, even if Mr. Smith had no intention of causing harm to Ms. Andrews, his irresponsible act has caused damage and Ms. Andrews suing him is basically making sure that she will not have to pay for the damages that she never caused in the first place.

The right to file lawsuit in a civil case as in any law or legal proceeding will always be open for abuse especially if there are those malicious enough to use it to their advantage. One abuse that is apparent is when people are making false claims that they have been wronged by another party. In addition, some of the claims will demand for outrageous sums that if ever the complainant wins, the defendant might find himself on the streets because the civil lawsuit has caused him to be economically downtrodden. Other abuse can take the form of simply congesting the already…… [read more]


British Bill of Rights to Replace Essay

Essay  |  7 pages (2,236 words)
Bibliography Sources: 10

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¶ … British Bill of Rights to replace the Human Rights Act of 1998. It is the opinion of this author that without formally enshrining many of our traditional British liberties formally in such a document permanent document, it is too tempting for politicians to overlook those rights. The real issue seems to be making sure that our most precious… [read more]


Conflict of Laws Essay

Essay  |  9 pages (2,854 words)
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Domicile is the method by which the courts in the United States connect a person to a particular place for purposes of litigation. Generally, domicile will become an issue by virtue of two legal determinations: 1) it will appear as a result of a question of jurisdiction, that is, whether or not a defendant is domiciled within a particular location… [read more]


Copying the Quote Essay

Essay  |  8 pages (2,991 words)
Bibliography Sources: 8

SAMPLE TEXT:

¶ … copying the quote or paraphrase and the quote and outline how you will structure the essay, and add the thesis statement.

"IT and the Internet have provided stiff competition for the phone, the ledger, the library, and the filing cabinet, but the substantive work of lawyers has yet to be reconfigured" (R Susskind, the End of Lawyers? (OUP… [read more]


Legal Drinking Age Be Lowered Term Paper

Term Paper  |  3 pages (877 words)
Bibliography Sources: 1+

SAMPLE TEXT:

He or she may at 18 years of age commit themselves for the rest of their lives to another person in marriage (White 2c). And certainly we all know that any 18-year-old can become an aren't. Eighteen-year-olds are not only allowed but encouraged to vote in the election for the highest office in the country. In fact it is their duty. And the males are accepted and expected to die for their country's freedoms (White 2c). But

an 18-year-old doesn't have the freedom to drink a beer. Someone somewhere decided that he could take on all of the adult roles of society except this one (White

2c).

There are states such as Wisconsin who have over the years introduced bills to lower the minimum legal drinking age to 18 years, but have met with little success due to the threat of losing federal highway funds (Schaub p14a). Few states, if any, can afford to lose federal funding. Wisconsin would stand to lose over twenty million dollars per year. That is incentive enough to keep the minimum legal drinking age at 21 years, regardless whether it's working or meeting objectives (Schaub p14a).

Twenty-one is not a magic age for maturity. If we are to grant serious legal rights such as marriage, voting, debt, and parenting to an 18-year-old then we should also grant him the legal right to buy a beer (Madison p7a). If we expect our 18-year-olds to serve in the military and to kill or be killed to protect our country's freedoms then we should allow them the freedom to drink a beer without breaking the law.

Under the current restrictions, an 18-year-old can purchase a gun but not a beer.

We trust him with a gun but not his liquor (Madison 7a). What kind of message is this sending to our youth?

Prohibition at best only makes something more inticing and at worst makes criminals of the innocent. If an 18 or 19-year-old can marry and raise a family with society's approval then it seems absurd that this same 18 or 19-year-old can't drink a beer legally in his own home. This issue should be taken out of the hands of the federal government and given back to the individual states without punishment.

The legal drinking age in a state should not be determined by federal funding.

WORKS CITED

Engs, Ruth. "The Drinking Age Debate Current Approach to Controlling Underage

Drinking Isn't Working." Denver Rocky Mountain News May 10, 1998, 1B

Madison, Andrew Jepsen. "Today's Mail -- Lower Drinking Age Would Help

Economy." Wisconsin State Journal June 26, 1995 7A

Schaub,…… [read more]


Law Represented in Inherit the Wind Essay

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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]


Transformation of American Law Term Paper

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" The preservation of a society was the factor that in itself provided the momentum to be "instrumental" in the bringing about of a change in the basic structure with terms of that considered "legal" within the structure of society.

Horwitz tells us, and it certainly seems to be true that the straw breaking the back of the camel was Palmer vs. Mulligan, although it was challenged in reference to the watercourses. Later in the year of 1827 Justice Story of Massachusetts called the decision "unjust." In the Mill Acts any owner of a mill could build a dam, permanently flooding the land if the land was non-navigable and further did not need permission to do so from anyone.

The floodings therefore were a type of the taking or establishing of "eminent domain."

The change began showing around the year of 1790 when the first acknowledgement of expecting damages was through legal action on a simple title transfer.

From that legal action forward the courts stance would be that it is:

"the consent of the parties alone that fixes the just price of any thing, without reference to the nature of things themselves, or to their intrinsic value."

Conclusion:

Throughout the entire book by Horwitz, we see the constantly shifting and indeed transformation of the law in reference to a spectrum of the entirety of the environment that is governed by…… [read more]


Civil and Criminal Law Are Two Entirely Term Paper

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Civil and criminal law are two entirely different animals. The idea behind criminal law is always the state vs. An individual. Penalties for criminal law can include fines, community service, probation and jail time, depending on the type and severity of the offense.

In civil law, on the other hand, the parties can be virtually anyone or anything, including, but not limited to, states, municipalities, counties, individuals, private businesses, non-profits or corporations. The penalties here are either in equity - estoppel, injunction, forced sale, etc. - or monetary, as in compensatory or punitive damages. Compensatory damages are generally for pain and suffering, and punitive damages are to punish the losing party for its actions.

Civil suits do not directly involve a crime; as in, they are not in violation of any statute. Criminal law, on the other hand, involves a crime which in some way harms another party or society in general. That is why the punishments, or results, of civil suits and criminal suits are different.

As for burdens of proof, in criminal law, guilt must be proven by the fact-finder (generally a jury of peers) beyond a reasonable doubt. A party is innocent until proven guilty. In civil law, on the other hand, the burden of proof can be as low as preponderance of the evidence, meaning that there is simply a greater chance of liability than there is of no liability.

As for procedure, generally the procedure in both types of cases is the same, except criminal law builds in many more safeguards against improper incarceration. However, at the grand jury stage, certain rules such as evidentiary rules are overlooked that are strictly observed at a criminal trial.

Question 2.

Tort law heavily impacts businesses and consumers. In general, it raises the costs of products, and companies have to purchase insurance against suits and must often pay out large amounts of damages for failed products or services.

For instance, take products liability. Business that produce goods and release them into the marketplace are liable if the goods cause harm to purchasers or end users. In the Ford Explorer/Firestone tires debacle, Ford and Firestone were sued in many class action suits for exploding tires causing injury and death.

This of course raised the costs for the manufacturers, since they had to purchase insurance, defend multi-million dollar lawsuits, pay huge settlements and compensate their enormous legal teams.

And, the manufacturers passed the costs on to the consumers, so in the end, this is a perfect example of tort law affecting both businesses and consumers.

Question 3.

A legally enforceable contract involves three components: offer, acceptance and consideration. The offer has to be a clear offer to another party or parties, such that the party or parties know that an offer has been made, and know that they can accept it either by action or by accepting…… [read more]


Rule of Law Today in China Research Paper

Research Paper  |  16 pages (4,898 words)
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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 according to a respectable rule of law. Therefore, everywhere in China the rule of law is touted as the center… [read more]


Defamation in Business Law Term Paper

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The jury awarded them $3 million dollars in damages even though they were not able to prove any economic loss coming from the defamatory statements. The Supreme Court declared this lawsuit to be of private concern rather than public concern. The defendant had claimed that it was on behalf of the safety of the general public.

An example of a solvency lawsuit can be the Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985). This lawsuit was filed after a Dun & Bradstreet credit report clearly stated that Greenmoss had filed for bankruptcy. The Court only managed to find a private concern in the false statement by the defendant Dun & Bradstreet. They believed that it was a private matter between the two companies. They upheld an award of $350,000 dollars for presumed and punitive damages to Greenmoss Builders.

This judgment was made for several reasons. The court concluded that the statement made in the credit report was of private concern rather than public. They came to that conclusion after fact finding found out that the credit report (which reported the alleged bankruptcy) was circulated to only five subscribers. The court also noted that Greenmoss was a small company. The matter could have been treated in the public concern if the company were larger or had the statement been spread on a widespread basis.

Bibliography

1. Brown & Williamson Tobacco Corp. v. Jacobson, 827 F.2d 1119 (7th Cir. 1987).

2. John Bruce Lewis, Bruce L. Ottley, and Gregory V. Mersol, "Defamation and the Workplace: A Survey of the Law and Proposals for Reform, 54 Missouri Law Review 797, 798 (1989).

3. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985).

4. Lewis v. Equitable Life Assurance Society, 389 N.W.2d 876 (Minn. 1986).

5. Marc A. Franklin, "Winners and Losers and Why: A Study of Defamation Litigation," 1980 American Bar Foundation Research…… [read more]


Legal Profession Has Existed in One Form Term Paper

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¶ … legal profession has existed in one form or another from the beginning of time. It will then probably exist for as long as society is in existence. The law is also flexible, reflecting the values and beliefs of the time and place from which it has evolved. I therefore believe that this profession is the most worthy for any student interested in making a difference in the world and benefit society. These altruistic benefits then also translate to more personal benefits such as a feeling of inner fulfillment and higher than average monetary compensation for utilizing one's talents in a challenging environment.

Firstly, I believe that as a legal professional, it is possible to contribute to society in a significant way. This can be done through any of the wide variety of options available for specialization. Becoming a solicitor for example would benefit a large amount of people searching for legal advice and representation. This direction is particularly appealing, since it normally takes the form of private practice. It thus offers challenges in many fields, including business skills.

When beginning a private practice with a number of partners, it is also possible to serve society according to one's own principles, without the overruling law of a depersonalized firm. In this way, a person with outstanding business and interpersonal skills can find fulfillment from serving society by means of advice and court representation. Also appealing of this direction is the fact that it covers such a wide variety of fields within the legal profession. From the roles of the solicitor to the legal areas covered appear to be most inclusive of the directions offered by the law. This, together with the fact that the focus is on private practice, makes the direction particularly appealing.

Another appealing element of studying law is the advancement and movement opportunities within the career. It has been mentioned above that a wide variety of different directions exist and can be chosen from. It is also possible to be advanced from junior to senior partnerships in solicitor's businesses, or to advance from lawyer to judge in a formal courtroom setup. A judgeship is also a diverse direction for a lawyer to consider according to personal preferences and talents. The legal profession thus lends itself to a wide diversity of personalities, each finding a particular direction that suits him or her precisely. I therefore feel that the legal profession is not only interesting in terms of the opportunities it offers, but also in terms of the variety of people that work in law.

Also of extreme interest is the variety of people needing the services of a lawyer. This in itself makes the profession appealing to me, while it also offers the opportunity to help others and make a difference in their lives. This can range from small differences, such a favorable or peaceful divorce settlement, to large differences that affect society, such as shutting down a hazardous power…… [read more]


Intrinsic Relationship Between Common Law Essay

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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]


Civil Law Has a Long Term Paper

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The judge has the discretion to accept, for instance, hearsay testimony, based on his/her judgment regarding how credible it is. The judge decides for him or herself how much credence to give to both evidence and testimony. The judge can also ask questions of the parties involved. In common law, asking questions to seek information relevant to a case is left entirely up to the attorneys involved.

Civil law plays a diminished role in the United States when compared to many other countries. Where common law operates on the assumption that laws can be interpreted in varying ways depending on circumstances, civil law assume only one correct answer to a legal question. For instance, if a person sues a neighbor in small claims court because the neighbor's dog bit him, the judge will make a determination based on the community's laws regarding control of animals and private property issues. Did the person walk onto the neighbor's property and enter a gated yard, and then get bit? Or was the person walking down the sidewalk when the dog attacked, not on a leash in violation of the leash law? If the community allows people to keep their pets off a leash in a fenced area and the victim entered that area uninvited, then the bittern person will probably lose. If he was walking down the street minding his own business and the dog was off leash, he will probably win. If he taunted the dog, the outcome will be up to the judge's discretion, but might say there are no winners: the victim shouldn't have taunted the dog, but the dog should have been on a leash.

SOURCE:

Apple, James G, and Deyling, Robert P. "A Primer on the Civil-Law System." Federal Judicial Center. Accessed via the Internet 1/12/05. [read more]


Promissory Estoppel Essay

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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]


Elsie Dennis Maynard, Deceased. Ralph Brittingham Et Essay

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¶ … 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 brought a petition in order to establish a lost or destroyed will of decedent. Appellants answered and appellees introduced as… [read more]


Tort / Business Law Questions Term Paper

Term Paper  |  3 pages (870 words)
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10. Zogarts defense, that the statements were merely matters of opinion, is not a valid defense. Under the law, failure to warn or give adequate directions regarding an unreasonably dangerous product may provide grounds for strict liability even where the product is not defective. Although the device may have been completely safe, Hauter could argue that the statement that a player could never be struck by the device's golf ball was an inadequate warning. Thus, Hauter would have a potential lawsuit against Zogarts for liability, or at the very least, negligence.

11. In this case, the seller will be liable based under a warranty of merchantability, but not under a warranty of fitness. Under the warranty of fitness, a seller will be liable for goods found unfit for their intended purpose where the seller knows the particular purpose for which the goods are required and the buyer relies in fact on the seller's skill or judgment in supplying the goods. In this case, the seller will not be liable under warranty of fitness because the seller did not know of the use to which the buyer intended to put the engine and the buyer had not relied on the seller's skill and judgment in selecting the particular engine. Under the warranty of merchantability, liability will result where the goods are not of fair, average quality or are not generally fir for normal use. In this case, the label on the engine stated that it would produce 100 horsepower, the buyer needed an engine at least 80 horsepower, and in actual use the engine generated only 60 horsepower. Thus, in this case, the engine pump was not fit for normal use and the seller is liable under the warranty of merchantability.

Chapter 25 on Obligations and Performance

2. Under the law, if inspection reveals that the goods are "non-conforming," the buyer may: 1) reject the whole, 2) accept the whole, or 3) accept any commercial unit or units and reject the balance. A buyer determined to exercise rights under the perfect doctrine must reject any non-conformity within a commercially reasonable time after the sellers tender. In this case, CDA tendered non-conforming goods to Hal-Tuc, who reject the non-forming goods as a whole. Hal-Tuc notified CDA immediately that the goods were non-conforming, did not use the equipment. A seller who has received notice of non-conformity has a right to correct the defect if time for the seller's performance has yet to expire. In order to perfect this right to cure, the seller must give… [read more]


Environment of Business Term Paper

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For example, the freedom of speech previously extended to things that are now considered prohibited "hate speech," but not to certain images that were considered obscene. Now, that freedom covers previously obscene images, but permits bans on hate speech. Another reason for a court to overrule a previous decision is if it has been provided with evidence that the decision is unsound. For example, the decision in Brown v. Board of Education overturned Plessy v. Ferguson, not because American social norms had decreed that the races were equal, but because Marshall had the evidence to demonstrate that separate was not equal. Furthermore, a court will refuse to follow precedent if circumstances have changed. For example, the decision in Roe v. Wade gave women a pretty limitless right to abortion through the end of a her second trimester because babies were not viable prior to the third trimester, at that point. However, changing medicine has decreased the age of fetal viability, and the Supreme Court has responded by placing increasing limitations…… [read more]


Employment Law John Doe, a Senior Vice Term Paper

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Employment Law

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


Law Versus Justice Term Paper

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Law vs. Justice

Justice is defined (Dictionary.com 2005) as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward. Law, on the other hand, is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed… [read more]


Private Nuisance Law of Torts Admission Essay

Admission Essay  |  3 pages (966 words)
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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]


Dworkin Jurisprudence the Rule Term Paper

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On their own, people are incapable of acting according to idealistic moral principles. Especially in the absence of the fear of divine retribution or divine reward, the government plays a key role as an authority that enforces rule of law. A person who

The opposition between a law's fairness and its effectiveness presents an ethical conundrum for interpreters of the law. Questions about whether a law is effective point to the law's ability to restrain the public, to maintain social order, to enforce obedience. A law can be considered effective if it is readily enforced. However, an effective law is not necessarily one that is fair. For example, when segregation laws were on the books, they were effective in creating a racially stratified society that some segments of society found desirable. Although the law was effective, it was certainly not fair. The difference between a law's effectiveness and fairness create problems when lawmakers and other public servants must interpret cultural and social norms and must make laws reflect morality as best as possible. In other words, when making a law that is both effective and fair, who decides?

According to Dworkin, when the Supreme Court overturns precedent and effectively creates new law, it still must give reasons. These reasons do not derive from statutes but from "principles of justice and policy." The sources of interpretive standards used in extreme cases include personal morality, changing social norms, and other abstract sources of moral law. Ideally the court will remain committed to upholding state or federal constitutions. Nevertheless, when the courts reinterpret and reform the law, they can create conflicts and present significant problems for policy makers. In this role, judges can indirectly act as politicians and law makers rather than as law interpreters. Controversial matters like abortion rights pose particular problems in the area of judicial policy-making.… [read more]


Aquinas' Natural Law Implies Divine Term Paper

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Human law can be defined as the mundane and specific interpretations of Natural Law. Human law and human reason should therefore be as servants to the Natural Law; when there is a dispute in human law, the dispute may be resolved by returning to the source of that law in Nature.

Part Two: Bowers v. Hardwick and Lawrence v. Texas are two of the most high-profile Supreme Court cases relating to the rights of homosexuals. In Bowers v. Hardwick (1986), the Supreme Court majority decision upheld sodomy laws on the grounds that there was nothing inherently unconstitutional about a ban on sodomy. The dissenting opinion in Bowers v. Hardwick focused on the rights of individual privacy. Lawrence v. Texas (2003) overturned the earlier decision. The majority in this case determined that anti-sodomy laws were unconstitutional. As part of the majority, Justice O'Connnor asserted that sodomy laws entailed unequal treatment. Dissenting opinions were spurious; they did not refer to legal precedent so much as they criticized the political motivations behind…… [read more]


Adversarial vs. Inquisitorial Legal Systems Term Paper

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¶ … surgical options for post-Larengectomy patients and how they affect the voice quality.

SURGICAL OPTIONS

Surgical options for post-laryngectomy voice restoration

The Adversarial vs. Inquisitional Systems

The adversarial system of law

The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates… [read more]


International Criminal Law Term Paper

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International Crime Law

The objective of this work is to Interpret Article 41 of the Vienna Convention on Consular Relations as it relates to the United States and other countries. Included will be a brief history of Article 41 of the VCCR and the courts ruling prior to Article 41. Also inclusive will be coverage of issues that have arisen… [read more]


International Trade Law Term Paper

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International Trade Law

In the case of Owusu vs. Jackson, of 1 March 2005, case number C-281/02, trading as 'Villa Holidays Bal Inn Villas', the judgment of the Court was that the English Courts must pay the costs. The decision, made in this particular case, leaves the English courts vulnerable to try any case, even though the Court may believe… [read more]


Appellant Term Paper

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Appellant Brief - Prisoners' First Amendment Rights in United States District Court

SOUTHERN DISTRICT OF FLORIDA

11TH Circuit

MOTHERS OF M. MEN & )

PRISONER M.LIN

Plaintiffs,) v.) Case No. 02-510-CIV-Miller

SHELDON Y, as SUPERINTENDANT of)

CORRECTIONAL FACILITY (MCF))

Defendant,)

APPELLANT BRIEF

STATEMENT OF JURISTICTION

This Court's jurisdiction in this action arises under the United States Constitution, particularly under the… [read more]


Employment Law Hypothetical Case: John Term Paper

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In case EEOC decides not to sue, it will issue a notice closing the case and give the charging party 90 days to file a lawsuit. (Ibid)

Lawsuit for Employment Discrimination

After receiving a notice of a "right to sue" from EEOC, the complainant may file a lawsuit in a federal court within 90 days. Under Title VII of the Civil Rights Act and the American Disabilities Act (ADA), the complainant can also request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission. Under the Age Discrimination Employment Act (ADEA), a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the Equal Pay Act (EPA) a lawsuit must be filed within two years (or within three years in case of willful violations) of the discriminatory act. (Ibid.)

The U.S. District Court:

The first "port of call" for the litigant is the United States district court -- the trial court of the U.S. federal court system. There are 94 federal judicial districts in the United States, including at least one district in each state, the District of Columbia and Puerto Rico and the complainant would file his lawsuit in the district court of the judicial district where he is located. The district court hears and decides a lawsuit on merit as per the U.S. law after hearing both sides of the issue. ("U.S. District Court" 2002)

United States Courts of Appeal:

Either party has the right of appeal if it is not satisfied with the decision of the federal district court in the employment discrimination lawsuit. The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit. ("U.S. Court of Appeals")

The U.S. Supreme Court

The United States Supreme Court consisting of the Chief Justice of the United States and eight associate justices is the apex court of the land. Decisions of the U.S. Court of Appeals can be challenged in the Supreme Court. However, the Supreme Court hears a limited number of the cases that involve important questions about the Constitution or federal law. ("U.S. Supreme Court" 2002)

Relief and Remedies Available

The relief or remedies available to John for employment discrimination, include back pay, hiring, promotion, or reinstatement. The EEOC or the Courts may also allow payment of attorneys' fees, expert witness fees, and court costs if discrimination is proved. Compensatory and punitive damages also may be awarded in case intentional discrimination is found. ("EEOC's Charge Processing Procedures" 2003)

References

"California Information for Employees, and Applicants for Employment." (n.d.) Eeolaw.org. Retrieved on September 8, 2005 from http://www.eeolaw.org/ee-guide-ca.html

'Discrimination Complaint Process -29 CFR 1614." (n.d.) U.S. Department of Health and Human Services. Retrieved on September 8, 2005 from http://www.ihs.gov/AdminMngrResources/eeo/download/1614.pdf

'EEOC's Charge… [read more]


Search and Seizure Law Term Paper

Term Paper  |  10 pages (3,475 words)
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Search and Seizure Law, known currently in the United States as law under the Fourth Amendment to the Constitution, has been in existence in one form or another since biblical times. Those wishing to protect their property and privacy against unreasonable search and seizure have often battled governments, courts, employers, secular groups, and even one another in a struggle between… [read more]


Contract Law Term Paper

Term Paper  |  1 pages (354 words)
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Contract Law in Norway

Norwegian contract law is considered a part of the Scandinavian legal family, a legal family that incorporates elements of both Anglo-American and continental legal theory. Unified codes regarding contracts have been enacted in Scandinavia since the end of the last century, such as the "Law of Contracts of 1918," although legal stipulations regarding contractual elements are not as specific as in the United States, and are left more open to judicial interpretations. Some legal scholars consider the entire Scandinavian legal systems as subgroup of continental law. Other scholars argue that it must be classified between the two systems. Regardless, justice towards all parties rather than the letter of the contract more important in the interpretations of the Scandinavian system. Like the continental system of law judicial proceedings regarding disputes are informative rather than adversarial. (Lillebakken, 1997) number of differences exist between the Norwegian contract system of law and the American system. For example, a the University of Oslo's legal school delineates the difference between American law, such as the presence of typical "boiler-plate"…… [read more]


Hispanics to Study Law Essay

Essay  |  2 pages (673 words)
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¶ … Hispanics to Study Law

One of the most remarkable things about law is that law has the ability to create social change. When one changes a society's laws, one does not merely change written word, but a living, breathing entity, which reflects the values and mores of a society at large. Indeed, one of the most important and noble goals to which a lawyer can aspire, as any fan of Harper Lee can attest, is to change those laws that encourage or permit discrimination by those with power against those without power. Unfortunately, human nature being what it is, it is up to those who do not have power, whether that power be financial or political, to affect such change. Today Hispanics are in a position where they have the power in numbers, but have yet to use those numbers to develop correlative political and financial power. For those reasons, it is imperative that Hispanics study the law.

One need only look back a few decades in American history to see how powerful an agent of social change the law can be. In Plessy v. Ferguson, the Supreme Court determined that separate but equal facilities did not violate the spirit of the Fourteenth Amendment to the U.S. Constitution. However, the NAACP, not satisfied that African-Americans were actually receiving equal treatment, searched for another suit in which they could challenge the separate but equal doctrine established in Plessy. In Brown v. Board of Education, the NAACP looked to the spirit of the Plessy decision and determined what evidence would be needed to overcome the presumption of equality. It then did so by providing evidence of the disparity in the quality of education that was being offered to white and African-American children. By proving that separate was inherently not equal, the NAACP was able to secure a favorable decision in Brown. Of course, the legal decision did not end racism in America; in fact, the National Guard was called out to protect those African-American students who…… [read more]


Labor Law and the Railway Labor Act Term Paper

Term Paper  |  10 pages (2,669 words)
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Collective Bargaining

Labor relations in America have undergone many changes, with the development of unions giving the workers a voice and a degree of power so as to use their solidarity as a bargaining tool. The union movement came into being after a long and difficult series of battles both with business and with the government.

In the nineteenth century,… [read more]


Law and the Legal System Term Paper

Term Paper  |  2 pages (596 words)
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¶ … lex fori approach, the state law of Ohio would govern, but the court would be free to introduce aspects of laws from Michigan, Ohio, Illinois, New York, or Delaware if doing so would be in the interests of justice. Under the lex loci contractus approach, the court would have two choices of state law. First, it could choose Illinois, because the contract was negotiated in Chicago. Second, it could choose New York because the contract was signed in New York. Which states laws the court would actually apply would come down to the court's determination of where the parties actually entered into the contract. If one party could establish offer and acceptance in Illinois, then Illinois law would apply. Otherwise, New York law would apply. Under the lex loci solutionis approach, Michigan law would apply because the subject of the parties' contract was a building in Michigan, meaning that Michigan was most closely connected to the substance of the contract.

Attorney Duffus is incorrect. A state can acquire personal jurisdiction over a party if that party engages in behavior that make it reasonably likely that he is aware he is availing himself of the benefits of that state. By indicating to Klump that he could file a lawsuit in Illinois, Duffus engaged in the practice of law in Illinois. Therefore, even if he never personally appeared within the state, he did business within the state and was subject to personal jurisdiction in Illinois for any causes arising from that representation.

6. According to the doctrine of stare decisis, a court will generally adhere to its own previous rulings and will also follow the rulings of higher courts. However, the doctrine of stare decisis generally refers to a court's interpretation and application of laws or other legal…… [read more]


Morality and the Need to Disobey the Law Term Paper

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DISOBEYING the LAW have always been against nuclear empowerment of countries. After what happened to people in variety of nuclear-related incidents, I feel that countries have an obligation toward their people to abandon further plans in this connection. We can imagine the horrors and the havoc that nuclear devices would create if a war breaks out between two nuclear powers.… [read more]


Mediation Scenario Research Paper

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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 an ethical dilemma in the process of mediation if there is dislike for one of the couples. There is also… [read more]


Laws of Corrections Case Study

Case Study  |  5 pages (1,503 words)
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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. Circuit Court found that prisoners are not entitled to these same protections. This is because they are considered to be… [read more]


Computer Fraud and Abuse Act Term Paper

Term Paper  |  3 pages (1,015 words)
Bibliography Sources: 4

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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]


National Do-Not-Call Registry Essay

Essay  |  3 pages (1,278 words)
Bibliography Sources: 1+

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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

Term Paper  |  11 pages (3,355 words)
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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 presidential poll, President Barack Obama affirmed that while he believed in America as 'the indispensable nation' and the 'leader of… [read more]


Dangerfield and Associate Entities Case Study

Case Study  |  10 pages (3,383 words)
Bibliography Sources: 15

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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 is absurd. Consumers in nearly every business setting are going to be unpredictable to a certain extent; that's the nature… [read more]


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

Case Study  |  2 pages (637 words)
Bibliography Sources: 3

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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]


Douglass, King and Legal Justice Nearly 100 Essay

Essay  |  3 pages (846 words)
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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]


Ethical and Legal Perspectives in Health Care Case Study

Case Study  |  4 pages (1,492 words)
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¶ … 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 capital cases, if they are convicted. By very sharp contrast, civil cases provide for restitution only. According to Findlaw (2013),… [read more]


Sneaky Pete Case Answers Research Paper

Research Paper  |  4 pages (1,143 words)
Bibliography Sources: 3

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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]


Moving Targets: Placing the Good Article Review

Article Review  |  3 pages (952 words)
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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]


Marbury v. Madison Legal Case Essay

Essay  |  2 pages (606 words)
Bibliography Sources: 3

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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]


Labor Laws Should American Research Paper

Research Paper  |  2 pages (747 words)
Bibliography Sources: 1+

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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]


Zippittelli v. J.C. Penney Company Case Study

Case Study  |  4 pages (1,181 words)
Bibliography Sources: 2

SAMPLE TEXT:

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]


Arizona SB 1070 on January Research Paper

Research Paper  |  8 pages (2,521 words)
Bibliography Sources: 5

SAMPLE TEXT:

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 v. State of Arizona, two civil rights groups, along with several citizens, filed suit that the Arizona law was already… [read more]


Legal Ethics Surrounding the Love Essay

Essay  |  2 pages (685 words)
Bibliography Sources: 2

SAMPLE TEXT:

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

Research Paper  |  6 pages (1,886 words)
Style: MLA  |  Bibliography Sources: 3

SAMPLE TEXT:

"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]


Negligence Misstatements in the Law Term Paper

Term Paper  |  2 pages (797 words)
Style: Harvard  |  Bibliography Sources: 10

SAMPLE TEXT:

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

Case Study  |  6 pages (1,730 words)
Bibliography Sources: 0

SAMPLE TEXT:

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]


1950s, Attempts to Integrate Fundamental Term Paper

Term Paper  |  4 pages (1,296 words)
Bibliography Sources: 4

SAMPLE TEXT:

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

Term Paper  |  2 pages (716 words)
Bibliography Sources: 1

SAMPLE TEXT:

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

Term Paper  |  2 pages (665 words)
Bibliography Sources: 1+

SAMPLE TEXT:

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]


Blm - Bureau of Land Case Study

Case Study  |  5 pages (1,766 words)
Bibliography Sources: 3

SAMPLE TEXT:

O. No. 13,175. The interlocutors, in my opinion, failed in their responsibility to find a better and more amicable solution, which would have prevented the courts from having a dilemma on the judgment.

2) It is a travesty of life that, these lands, which originally, belonged to the Indian tribes, are now categorized as the property of the Federal Government. Moreover, "meaningful consultation," which was a term connoted by the past presidents of the U.S.A. actually meant serious discussion, especially with regard to extractive industries like mining, but that seemed to have had little effect on the outcome. It is a pity that the actual forefathers of the land are given no part in decision-making and are treated badly to boot. I also consider it a shame that a Federal agency like the Bureau of Land management, with over 250 million acres of land under its control and over 7000 million acres of mining rights, could not found it fit to administer a mere 6700 acres in Nevada to the satisfaction of the original occupations of the land.

3) The Indian tribes attached great significance to their prayers and burial grounds. They could have been allowed to keep whatever tract of land they wanted specifically for their prayers.

References

FindLaw, (n.d.), Law Article: United States Court of Appeals, Ninth Circuit, Retrieved from http://caselaw. findlaw.com/us-9th-circuit/1498619.html.

Akilah, J.K. (2011), Indigenous Consent: Rethinking U.S. Consultation Policies In Light Of the U.N. Declaration on the…… [read more]


Arizona Immigration Law SB1070 Term Paper

Term Paper  |  6 pages (2,391 words)
Bibliography Sources: 8

SAMPLE TEXT:

The U.S. Chamber of Congress is reported to have sued the state because its "Legal Arizona Workers Act (LAWA) violated the federal Immigration Reform and Control Act (IRCA), which prohibits states from enforcing federal immigration laws with civil or criminal penalties. The Supreme Court upheld several minor court decisions that found LAWA, which was passed in 2007, did not violate… [read more]


Changes Essay

Essay  |  8 pages (2,320 words)
Bibliography Sources: 8

SAMPLE TEXT:

This is a change from s 70 (1) (g) and was made with the idea that it is often very difficult for buyers to discover the existence of an intermediate landlord simply from an inspection of the property.

The new law maintains the exception that a beneficiary under a settlement under the Settled Land Act 1925 is excluded from overriding… [read more]


International Law Research Paper

Research Paper  |  6 pages (1,866 words)
Bibliography Sources: 10

SAMPLE TEXT:

" (Hathaway, 2005)

Conclusion

This work has examined the issue of the legitimacy of international law and the enforcement authority of international law and has found that the state is ultimately the political power and actor that determines whether international law is enforceable and as well is the authority with the power to actually enforce international law. However, the political factors that are entangled with such decisions requires that more in-depth future study be applied in this area of research.

References

Besson. S. And Tasioulas, J. (2010) The Philosophy of International Law. Oxford University Press. 2010.

Cassels, A. (1996) Ideology and International Relations in the Modern World. London and New York. Retrieved from; http://m.friendfeed-media.com/16091f1cfb5c64ee8145abc0116d37a065575b7d

Coleman, Katharina P. (2007) International Organizations and Peace Enforcement Operations: The Politics of International Legitimacy. Cambridge University Press 2007. Retrieved from: http://www.au.af.mil/au/ssq/bookreviews/coleman.pdfBrunnee, Jutta (2005) Enforcement Mechanisms in International Law and International Environmental Law. Ulrich Beyerlin et al., eds. Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue Between Practitioners and Academia (2005) Environmental Law Network International Review 3-14]. Retrieved from: http://www.law.utoronto.ca/documents/brunnee/BrunneeEnforcementMechanismsInt_lLaw.pdf

Hathaway, Oona A. (2005) Between Power and Principle: An Integrated Theory of International Law. Chicago Law Review 2005.

Henderson, James (Sakej) Youngblood (nd) The Context of the State of Nature. Retrieved from: http://www.ubcpress.ca/books/pdf/chapters/reclaimingind/chap1.pdf

Kosjkenniemi, Martti (2005) Global Legal Pluralism: Multiple Regimes and Multiple Modes of Though. 5 Mar 2005. Retrieved from: http://www.helsinki.fi/eci/Publications/Koskenniemi/MKPluralism-Harvard-05d[1].pdf

Mullerson, R.A. (2000) Ordering Anarchy: International Law in International Society. Martinus Nijhoff Publishers. 2000.

Norton, Joseph Jude (1987) Public International Law and the Future World order. Wm. S. Hein Publishing, 1987.

Schachter, O. (1991) International Law in theory and practice. Martinus NIjhoff Publishers, 1991.

Shaw, Malcolm, N. (2008) International…… [read more]


Law of Contract Essay

Essay  |  12 pages (3,399 words)
Bibliography Sources: 7

SAMPLE TEXT:

Consequently if one party to the contract has performed his obligations under the contract and other has yet to then in such a case a unilateral discharge is necessary and since there is no release by the non-performing party then such a discharge to be effective it must be under seal.

Upon the breach of contract by one party then… [read more]


Acquisition Law on the Motorways Research Paper

Research Paper  |  2 pages (667 words)
Bibliography Sources: 1

SAMPLE TEXT:

The use of consideration within modern UCC law vs. The earlier common law provision has advanced the idea that "good faith" is constituent to the rule where the arbitrary will of the Offeror or seller may be in question by the Buyer, and "quantity" in goods and their requested price is the point of complaint (Perillo and Bender, 2007). In general, acceptance of the offer regards consideration as inherent to the existence of a contract. If mutual assent is present, then Buyer complaint must entail evidence that detriment is caused by misrepresentation of those goods or their price.

An agreement constituted of a final writing in accordance the statute of frauds, which permeates UCC rules regarding fair and legal trade, will likely be the basis to performance on the bill of sale to the transaction of the Corvette. Imputable meaning offers foundation to verified contract agreement (Perillo, 2003). In cases of merchant-to-merchant sale, where two merchants are involved, conditions to contract include additional stipulations on trade under the UCC, and signatory on contract is almost always deemed definite regarding transfer of title, and assumed responsibility of detriment.

Writings that do not create a contract may be the result of inexplicit statements regarding the conformity of goods must be upheld, unless the Buyer is otherwise notified; and continuance of the agreement as a valid contract may only be accommodated by the Buyer. Where there is not requisite notice to performance, or implied terms are not accommodated by the Buyer, then complaint of contract breach may be sustained based on inadequate articulation to the agreement.

References

Perillo, J.M. (2003). Contracts Hornbook, 5th Edition. Eagan, MN: West.…… [read more]


Stand Your Ground Law Essay

Essay  |  4 pages (1,203 words)
Bibliography Sources: 4

SAMPLE TEXT:

"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]

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