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Slaughterhouse Cases, Takings Clause
PART I Slaughterhouse Cases
198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)
UNITED STATES SUPREME COURT
The People of the State of New York
TALE OF AUTHORITIES
FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.
A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?
ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's…… [Read More]
he legal issue in question revolved around the terms of the ruth in Negotiations Act (INA) which demands that pricing be based upon fair market value. he government stated that INA applies to all contact negotiations regarding all essential medical services. Additionally, under the Christian precedent, contract clauses that express a "significant or deeply ingrained strand of public procurement policy" are automatically understood to be in all government contacts, even if the clause is not overtly stated.
Holding of the Court
he Court found in favor of the VA, and against UCSF.
Court's Rationale or Reasoning for its Decision
UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of INA, which was intended to avoid excessive waste of taxpayer dollars, was already a…… [Read More]
criminal case brief; the case under study is the Sullateskee vs. Oklahoma State case. An analysis will follow to ascertain if the key issue, in regard to the verdict, was Mens ea or Actus eus.
Actus eus and Mens ea
The Latin term Actus eus means "the guilty act." In simple terms, it implies the physical deed of perpetrating a criminal offense. On the other hand, the Latin term Mens ea denotes "the guilty mind." Criminal Code terminologies "knowing," "with knowledge," and "with intent" are frequently utilized for Mens ea (THE CIMINAL EQUATION: actus reus + mensrea = CIME). Two contrasts exist with other criminal liability factors, enabling judicial authorities to determine Actus eus's nature, of which one is with Mens ea. The literal translation of Mens ea is, as mentioned earlier, guilty mind. This term's technical legal usage indicates that criminal liability precondition dealing with the suspect's frame of…… [Read More]
Statute and Case Law Relationship
In Cloutier v. Costco, 390 F3d. 126 (2004), Kimberly Cloutier alleged that her employer, Costco Wholesale Corp, failed to offer her a reasonable accommodation after she informed it to a conflict between the "no facial jewelry" provision of its dress code and her religious practice as a member of the Church of ody Modification (CM) (ody piercing, religion and the workplace, 2005). She argues that this failure amounts to religious discrimination in violation of Title VII, 42 U.S.C. § 2000e-2(a), and the corresponding Massachusetts statute, Mass. Gen. Laws ch. 151, § 4(1A). Title VII requires employers to accommodate the "sincerely held" religious beliefs of employees and applicants, unless doing so imposes an "undue hardship," usually defined as anything more than a de minimus or token cost (Mitchell, 2005).
While working in a front-end position at Costco, Cloutier began body piercing to follow the tenets of…… [Read More]
Contract Law Mistakes Mutual Mistakes in Contract Law
Contract Law Mistakes
This paper will analyze a case that explores mistakes under contract law. Both of the parties will be investigated in this case. It will also study the concept of mutual mistake of fact, and whether rescission of the contract can be done.
Supposing an individual, Josh Hartly wants to purchase a new automobile, and thus visits the local automobile dealer. During his negotiations with the salesperson, he states that he requires the 3.2 liter V-6 engine, not the 3.9 liter one, as he has doubts pertaining to the 3.9 liter engine's fuel economy. Josh then enters into a contract, and agrees to buy a car fitted with a 3.2 liter V-6 engine (Paper Instructions Provided by Customer). What neither the salesperson nor Josh was aware of was that the 3.2 liter and the 3.9 liter were no…… [Read More]
BLm - Bureau of Land Management
Environmental Impact Statement
FLPMA - Federal Land Policy Management Act
NEPA - National Environmental Policy Act
FA - eligious Freedom estoration Act
Environmental Justice Case of South Fork Band Council of Western Shoshone of Nevada v. U.S. Department of Interior
Detailed background history of the case
The subject refers to a prospective gold-mining project in the Western Shoshone sacred site of the Cortez Mining District, situated in Lander County, Nevada, near Mt. Tenabo. With gold mining an important industry since 1950, in Lander County, and the identification of two new gold sources near the existing Cortez Mine, Cortez proposed an elaborate 850 acre additional mining facility, which would involve Cyanide heap-leach processing and de-watering of ground water to prevent the mines from getting flooded. The total additional acreage concerned were 6,571 acres of public land and 221 acres belonging to Cortez (FindLaw, n.d.).
When…… [Read More]
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]
In this particular case, Mrs. Gregory, who is in this context the taxpayer, was keen on avoiding double taxation. As the owner of the stocks of United Mortgage Corp., an entity that held some stocks at Monitor Securities Corp, she desired to sell Monitor Securities Corp's securities for a significant profit. However, there was a problem. If done as it should have been done, taxation would occur at two levels, i.e. after the sale of Monitor Securities Corp's stocks and again during the distribution of sale profit, as dividend tax. There was a way around this. To minimize her tax obligation, Mrs. Gregory formed a new entity which then issued its shares to her after they were transferred from United Mortgage Corp to the said entity. Next, she dissolved the new company thus causing Monitor Securities Corp's securities to be accorded to her as liquidating dividend -- with…… [Read More]
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…… [Read More]
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…… [Read More]
Australia's Corporation Act 2004
Australia Corporations Corporation Act 2004
The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.
Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.
The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders…… [Read More]
Governing Law and Forum Selection
Boilerplate Language in International Contracts
USA-Brazil Trade: ules of Trade
Other Important Agreement and Laws Governing U.S. and Brazilian Trade
Comparison of Arbitration in South Carolina and Brazil
Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases…… [Read More]
ADA & Section 504
The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to how IDEA, IDEIA, Section 504 and the ADA overlap to a fairly significant to degree. However, less focus is placed on Section 504 and the ADA a lot of the time and the author has been asked to highlight areas of those two laws and regulations that are significant as compared to IDEA. Second, there will be the description of two significant issues that relate to case law and overall court proceedings. The gist is that oen must ask which students are protected. egardless, there are concerns about things like placement, planning issues, evaluations, litigation and regulatory enforcement. While the enforcement of disability-related laws may seem cut and dry, there are some perceived gray areas and situations and there needs…… [Read More]
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.
To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…… [Read More]
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]
Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?
Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…… [Read More]
If the facts support its position, the hospital will argue that it was not negligent in hiring Dr. Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the defect that actually caused Karl's injuries and not…… [Read More]
Laws Governing Business Entities
Laws Governing Business Organizations
Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.
laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.
Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]
One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…… [Read More]
Oracle's Stellent application has yet to create more streamlined service creation and management workflows, due mainly to the acquisition taking longer than expected. The integration of the Stellent platform into the broader Oracle 11i platform is also proving to limit 3rd party database support, making the Oracle Stellent ECM suite appear to be moving in a more proprietary direction as a product. As the acquisition was completed in late 2006 and Oracle has made their Service Oriented Architecture (SOA) Fusion their top development priority, the full integration of Oracle Stellent has not progressed as rapidly as planned. As a result, the last factor of customer referenceability, Vignette has a significant advantage as well.
Evaluating ECM systems for use in a law office or practice requires the consideration of several factors that have been explained in this paper. Cost is a secondary consideration relative to the benefits derived from automating…… [Read More]
law comm. tech
Innovations in Database Communication Technologies for Law Enforcement
The proliferation of computer, digital and web technology have all had a significant impact on how civil and public administration functions are performed. The ability to engage in real-time communication through an array of media, the opportunity to access enormous databases of information from the field and the capacity to capture sound, video, photo and other data all have enhanced productivity, efficiency and sophistication in many fields of great sociological importance. Certainly, few functions of public administration are more important than law enforcement and the administration of justice. Here, we consider some of the technological innovations in computer databasing that have had a direct impact on the way that police officers perform their job responsibilities with a specific focus on the enhanced communication opportunities emerging in the field.
Mobile Data Terminals and Facial Recognition:
Both Mobile Data Terminals and…… [Read More]
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]
Law of Demand
The laws of supply and demand dictate how the market functions within an economic society. These laws also affect how commodity pricing is determined and how it may fluctuate depending on the amount of readily available products or services and the intensity of demand for said products and services.
The law of demand stipulates that "other things held constant, as the price of a good increases, the quantity demanded will fall" (Supply and Demand, n.d.). There are several factors that can influence the demand of a commodity including income, the price of related products, consumer tastes and preferences, and expectations. Income helps to determine the quality of a commodity being sold. For example, as an individual's income increases, then it is reasonable to assume that this individual has an increased ability to purchase more goods. If the demand of a good increases proportionately with an income increase,…… [Read More]
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…… [Read More]
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]
While it is a felony to flee the scene of an accident, a police office is ethically bound to report the issue if he himself is in such an accident. The same is with drunken and disorderly behavior or destruction of property. In "Choirboys" the police officers would congregate in a park after hours to engage in drunkenness, disorderly behavior and sexual orgies with women. And this park was supposed to be out of bounds and closed to the public after hours.
The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…… [Read More]
It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.
Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…… [Read More]
These gratuitous cookies are simply a show of appreciation to the police force in general and enhance the job satisfaction factor for officers.
On the other hand, the Code of Ethics states that "Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law" (n.d.). With this in mind, it would not be acceptable for an officer to accept a free oil change, in exchange for him not reporting the fact that he noticed a stolen car in the back of shop. Even when gratuities are given without a specific 'favor' in mind, it could be implied that that officer will give special treatment to the person at a later date, and for this reason, in general, gratuities should not be accepted.
Code of ethics online.…… [Read More]
"Accountability refers to the mechanisms by which both law enforcement officers and the agencies they serve are held responsible for promoting social order, reducing crime, and treating each individual fairly and within the limits of the law" (Chambliss, 2011). The three dimensions of police accountability are accountability to the public, accountability to the law, and accountability to each other (other members of the police force. If one were to look at the most fundamental dimension of police accountability, such as accountability to the public, one would see just how crucial this is: "It both defines and protects citizens' rights while also promoting a collective sense of faith in the larger criminal justice system" (Chambliss, 2011).
The three E's are "Effectiveness -- whether police accomplish what they are supposed to do: A. Do they effectively control crime? B. Are they successful in arresting offenders? Efficiency-- whether they accomplish their tasks…… [Read More]
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]
Hot Pursuit Policy
The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows.
1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…… [Read More]
Specifically, perimeter security requires protocols for continuous monitoring of the entire perimeter, especially in conjunction with responding to potential breaches in any given sector (McGee 2006). Grounds and perimeter security also requires scenario-based training in conjunction with non-security-related emergency procedures. Specifically, periodic emergency drills involving building tenants and personnel may present a vulnerability where grounds and perimeter security procedures are not equipped to accommodate larger than normal volumes of foot traffic, such as typically associated with fire drills.
Optimal grounds and perimeter security protocols must include procedures for accommodating the increased traffic necessitated by non-security-related emergency drills without compromising general grounds and perimeter security considerations. For the same reason, information detailing emergency drill schedules must be protected from unauthorized access or unnecessary dissemination in advance (Larson 2007).
The primary technological advances in physical facility, building, grounds, and perimeter security relate to computerization of relevant security information and its…… [Read More]
For example, the motorized wheelchair elevator of the transport vehicle may take equally long in both directions but the protectee need not be on scene while the elevator platform descends. By delaying the exit of the protectee from the departure location until the transport vehicle elevator is already in the down position and prepared for immediate ascent, the protection agent can reduce the protectee's exposure my more than half in comparison to positioning the protectee outside the transport vehicle while the wheelchair lift elevator descends into the bottom position. The prospect of protecting a wheelchair- bound protectee necessarily adds at least one agent to the protective protocol because an agent (rather than a non-agent assistant or nurse) must control the wheelchair; but the rear position eliminates that agent from any traditional position as a protective shield.
In general, protectees with delicate medical conditions who require perpetual care necessarily…… [Read More]
In this particular case all three apply, because the Lloyds would take advantage of the age of the elder undy to exert pressure on him to sign the note.
Description of How the Law Applied to the Facts
The court applied four factors of the law to this case these include: that terms of the agreement were unfair, there were undue amount of pressure exerted, undy's bargaining power was severely limited and there was a lack of having independent financial advice. Together, these different principals of the law would lead the court to determine that an inequality of bargaining power existed. Under these different areas, undy was not of sound mind to make an accurate determination as to what was the right decision. Under the principals of English law, one is not obligated to agreements that were made without independent financial advice and there was property that was transferred. In…… [Read More]
Americans have been gathering together to make laws since the colonial times. This process is continued today in order to maintain a well-regulated society. Even though specific procedures for creating law have developed over time, democratic law-making remains marked by a necessitate to have the approval of the people, a system of checks and balances, and public policy elasticity matched to the problems of time and place (Bakken, n.d.).
This everyday law-making process is part of a historical development that is English in origin. When English colonists in colonial America put into practice the law-making heritage that they brought with them, they made definite changes to suit their new surroundings. The King of England granted charters to individual landowners and joint stock companies of entrepreneurs for the various colonies affording varying degrees of law-making power, but all English colonists had law without current charters and colonial statutes. They…… [Read More]
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior to the introduction of this law. This is a relatively new law; the need for it was identified in 2009 after a Productivity Commission reviewed existing consumer protection laws and found glaring inconsistencies, which made it difficult, if not impossible, to enforce those laws that did exist.
Perhaps the greatest change to the law is that the ACL is now a strict liability law. Strict liability "means that a breach may be committed without negligence" (The FindLaw Team, 2012). In…… [Read More]
Knorpp v Hale
981 SW 2nd 469 (Tex. App. 1998)
Knorpp v Hale is a case from Texas that deals with the issues of responsibility towards an individual coming onto one's personal property and then experiencing a danderous or negative situation. In this case, Bonita Knorpp believed that her son, Todd Erwin, was a licensee rather than an invitee at the time of his death. The procedural history of this case focuses on the notion that Knorpp (the administrator of her son's estate) wanted the Court to review an order from the 202nd Judicial District court that found the Erwin was a social guest when he was killed (Knorpp v Hale, 1998).
The background of the case shows that Erwin was dating the Autumn Hale, daughter of Michael and Reeda Hale. The two had been dating for about a year, and Erwin spent a considerable amount of time at the…… [Read More]
Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.
Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.
Components of a Will
Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.
Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.
Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.
And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.
Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.
Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…… [Read More]
While there are some differences according to jurisdiction, in general, if the defense is allowed by the judge to go to the jury.
The term illness of the mind is solely a legal notion. In the case of Bratty v. Attorney-General (Northern Ireland) (1963), Lord Denning declared that the foremost mental illnesses, which the doctors identify as psychoses, like schizophrenia, are plainly illnesses of the mind. Whether or not drug-associated psychosis will be considered to qualify as an illness of the mind will essentially depends on the division amid a fault of cause resulting from an underlying condition and a fault of cause caused by something external.
There is justifiable societal concern about the links between violence and illicit substance use. Such concern finds a focal point at the debate around the boundaries for the insanity defense where drug-associated psychoses are involved. This article outlined three potential approaches that…… [Read More]
If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.
"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,
"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>
"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]
Pre-Law Curriculum for the Sixth Grade
These courses are drafted to create a strong background and knowledge base for the student to explore a career in the legal field in America to a range of degrees.
The American Federal System
This course will present to the students the powers specific to the federal government, specific to the state government and those specific to both. The goal is to have the student understand where these powers are different and where they overlap as well. Students will be forced to consider how the people are able to maintain their sovereignty within this system and the importance of doing so.
State and Local Government
Presents the constitutional background for the state and local government while putting an emphasis on the overlap of the states and their subdivisions along with the goals of both state and local politics. Students will be encouraged…… [Read More]
Constitutionality of a Postcard-Only Mail Policy
Postcard-Only Prison Mail Policy
Constitutionality of a Prison Postcard-Only Mail Policy
The Constitutionality of a Prison Postcard-Only Mail Policy
The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.
The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.
Based on considerable…… [Read More]
The author of this report has been asked to answer regarding several different legal and/or ethic cases or questions. Those cases/situations are Wrench LLC vs. Taco Bell, California & Hawaiian Sugar Company vs. Sun Ship Inc., the general legal cases and practice of cybersquatting and general ethics. While these cases are controversial and the topic of many scholarly conversations, the outcomes that should have happened are quite clear.
egarding the Wrench LLC vs. Taco Bell case, it is clear that Taco Bell used the Wrench idea and just the idea that Chait/Day saying that they figured out the concept on their own was an obvious lie. Taco Bell did not act ethically as they took the idea offered to them by Wrench LLC and used as their own using Chait/Day as a proxy. egarding whether Taco Bell entered an implied-in-fact contract, they really did. The reason this is…… [Read More]
law and politics and demonstrate what the difference is, if any, between law and politics.
The difference between law and politics has been debated among those to who are referred to as "purists," which are those who hold as a belief that "law" and "politics" have nothing to do one with the other and those which are referred to as "legalists" would adhere to the belief that there is absolutely no difference between law and politics. The first obvious step of discovery is to examine the definition of each of these subjects. The definition given for law is as follows:
rule established by government. 2. legal profession
police 4. rule of natural phenomena.
Next to discover the definition for politics which, is listed as follows:
Politics: n 1. Theory and conduct of government 2. Political affairs and methods.
At first glance it does seem that the two indeed are the…… [Read More]
Two of the necessary conditions for the formation of a contract are offer and acceptance. Over the years, courts have faced a number of questions as to what, specifically, constitutes offer and acceptance. Issues relate to wording, timing and medium, among others. The advent of electronic communications, and its constant evolution, has opened the door to more grey areas that ultimately need to be resolved with respect to what constitutes offer and acceptance. A number of issues spring to mind -- is a text message sufficient to be deemed "in writing," is the shorthand in which many electronic communications are written valid for the formation of a legal contract, and what about electronic forms, which are essentially a one-way form of a communication? This paper will examine the case law that surrounds the evolving field of electronic communication, and how case law has dealt with modern methods of communication.
Application…… [Read More]
The second case highlights how Commonwealth Chemicals Commission officers made a major mistake by not detaining Lucia for further questioning under the Act. This is troubling because she was in possession of the banned chemical, had large quantities of it, was storing it in her house and was importing the chemicals in from South America. These different elements highlight the fact that Lucia could be involved in some kind of terrorist related activity. Where, the raid and subsequent search of the property would provide more than enough information for officers to suspect that she was involved in such activity, based on probable cause. However, because officers did not detain Lucia under the different provisions of the Act, means that the terrorist organization could know that law enforcement is not far behind. At which point, they could change their tactics or plans, to avoid any kind of further disruptions from the…… [Read More]
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…… [Read More]
For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]
This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as witnesses in trials and other legal proceedings, and all persons are also presumed to have a legal obligation to serve as witnesses if their testimony is sought. Witnesses are generally required to give their testimony in the form of statements regarding what they saw, heard, felt, tasted, or smelled, and they are generally forbidden to express opinion or draw conclusions. A person who is not testifying as an expert will be allowed to present an opinion as testimony if his opinion is both rationally based on his perception and helpful to an understanding of his testimony. Opinions of a competent layperson are specifically permitted by rule, statute,…… [Read More]
Justice Keen's Reasoning
Seemingly going against the rulings of both Foster and Tatting, Justice Keen gave a resounding guilty verdict for a very simple reason- the law of the land is the law of the land, murder is murder, and no grey areas in regard to this should be allowed to exist. Either the defendants are guilty or not guilty, and in the viewpoint of Keen, the defendants are guilty without question.
Justice Handy's Reasoning
Justice Handy's rendering of a not guilty verdict is based on a rather simple set of criteria- the polls of public opinion. Using public opinion polls about the guilt or innocence of the defendants as a benchmark, Handy decided that because the polls overwhelmingly ruled that the defendants were not guilty, so too Justice Handy would rule in the same way. Coming to be known as the Public Poll Theory, Handy let the voice of…… [Read More]
The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police Department apparently forged a warrant to inspect her home and forced their way into it. While they couldn’t find any outlaw hidden there, they did stumble upon lascivious and lewd material (books, to be precise) in the house (Mapp V Ohio - Cases | Laws.com). This discovery led to Mapp’s detention, though she wasn’t charged. Nevertheless, the complainant claimed the police had no basis to detain her and had also breached her rights guaranteed by Amendment IV. The Mapp v. Ohio case, Mapp’s appeal for her previous detention by Cleveland’s Police Department, is counted among the most popular twentieth-century Supreme Court-handled cases. Amendment IV forbids unauthorized searches and seizures in…… [Read More]
The 1988 and later 1992 Supreme Court decision in Cipollone v. Liggett Group, Inc. illustrates the functions and role of law in business and public health. This case relates to the tobacco industry's culpability in promoting smoking through marketing campaigns after knowledge of the detrimental effects of smoking, and in spite of the mandatory Surgeon General Warning labels that had been federally mandated since the 1960s and the Federal Cigarette Labeling and Advertising Act (1965 Act).
In the Cipollone v. Liggett Group, Inc., case, it was ultimately decided that the federal laws trumped state laws that permitted promotion of harmful materials, in this case, cigarettes. What is interesting about this case is that it pertains directly to marketing, rather than to the tobacco companies themselves. Separate litigation, of course, impinged upon the tobacco companies. The Cipollone v. Liggett Group case illustrates several key points. First, the case upholds…… [Read More]
Sentencing, and Punishment
England and Wales work on an adversarial principle when it comes to law enforcement. The adversarial principle states that "that a person is not considered to be guilty of a crime simply on the word of a government official" or any other means other than a guilty verdict given by a court of law (Davies, 2000). Thus, when a suspect is arrested, arraigned, and questioned, he or she must be treated as if there is no guilty ruling on the case. This is meant to provide the best possible defense in a given scenario. In fact, "conviction in a court requires presentation of admissible evidence that convinces the fact finder -- a jury, in the case of serious crimes; for less serious crime, a stipendiary (professional and salaried) magistrate (renamed District Judges in 2000), or a panel of lay magistrates -- that the evidence demonstrates the guilt…… [Read More]
Rivera of 1990. This case involved Rivera, who was a financial advisor and Salvatore Guarino, Rivera's cohort, selling John G. Talcott, Jr. A resident, 93 years of age in Massachusetts a $75,000 investment. Talcott sent a check for $10,000 payable to Guarino for the purpose of travel expenses in acquiring a return on the original investment of $75,000. When Rivera informed Talcott that he only needed $5,700 for traveling expenses, Talcott stopped payment on the check for $10,000. Guarino however cashed the check with a company that charged him five percent for cashing the check and the company deposited the check in the company's bank. A second check was sent by Talcott to Guarino for the amount of $5,700.00 and he took it to the same company and cashed the check. Rivera called Talcott to warn him about Guarino and informed him that he was dishonest at which time Talcott…… [Read More]
The contract between the employer and the employee develops narrows the areas that these rights address. Therefore, the right to privacy can be limited regarding the e-mail and Internet use. As one knows, many companies do not allow their employees to surf the Internet, or to send e-mails to outside parties, or to visit certain Internet websites. These companies provide intranets, designed in order to help employees communicate and inform about certain issues.
Employment law also refers to a very important aspect that refers to discrimination. In other words, federal laws prohibit employment discrimination based on race, color, religion, sex, or national origin. There are also a series of acts that develop the aspects that the federal laws refer to, in order to create a work environment that provides equal opportunities.
The discriminatory practices that are prohibited by these laws include: hiring and firing, compensation, assignment, or classification of employees,…… [Read More]
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three conservative organizations submitted a collective brief to the Supreme Court on the Michigan cases. These organizations were the Center for Equal Opportunity, the Independent Women's Forum and the American Civil Rights Institute. Their brief succinctly stated that racial preferences were incompatible with the 14th Amendment. The 14th Amendment, according to them, clearly states that no person within its jurisdiction would be denied the equal protection of the laws. The silence of the justices to this statement was perceived to indicate insufficient interest in the original understanding than in their own case law. In 1865 and 1866, radical Republicans proposed a constitutional amendment that no State could set distinctions in civil rights and…… [Read More]
The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases.
Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant sections of the Sale of Goods Act (SOGA) and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause.
The Sale of Goods Act (1979) is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." (Sale of Goods…… [Read More]
Upper Big Branch Mining Disaster
Industrial Calamities Can Be Avoided if Companies espected the Law
Abiding by federal or state industrial laws is necessary since genuine minded legislators have processed the laws and not the profit-minded shark operating as a company executive. Laws provide a framework at which companies should follow. In most cases, laws specify the necessity of appreciating human life. Furthermore, laws provide an equal balancing of social expectations and company objectives. However, some companies have broken the laws. From their illegal actions, different calamities have been experienced in an industrial situation. The commencing research will highlight an example of this company, Massey Energy and its 2010 incidence that led to the perishing of 29 industrial workers. The research will prove that the self-regulation is not ethical as compared to industrial laws set by the government.
What Massey Energy could have done to avoid this tragedy?
Following April…… [Read More]