Often, settlements are not agreed to by some plaintiffs because they wanted more and would rather settle the matter in a full blown court proceeding.
One of the major problems with civil lawsuits is the amount of damages granted by the jury. In the case of medical malpractice, the amount of $40,000,000 seem excessive although the details of the case is not available to really determine the validity of the damage awarded. However, it is always more prudent for malpractice lawsuits to have a cap as to damage awarded since if there will not be one, medical insurance premiums for doctors will rise and this will in turn be recovered from paying patients. Indeed, it is always better to have standard damage awards based on the needs of the individual plaintiff. This means that in the case of James Nelson's widow, the damaged awarded could be commensurate to the future…… [Read More]
ivil law has a long history, dating all the way back to Roman times, and remains the dominant legal tradition in many countries including entral and South America and most of Europe. ivil law tradition was gathered into a comprehensive summary including all facets of Roman law by the Emperor Justinian in the sixth century, but this was based on centuries of Roman tradition. It became the basis of what we call civil law today.
In the United States, common law is what most people think of when they think of law. ommon law is adversarial, whereas civil law is inquisitorial. In civil law, judges do not interpret the law, thus creating "case law," or a history of judgments. In the United States, in civil law, the judges look at the facts and determine how the facts compare to established laws. Since civil law is not the prominent legal system…… [Read More]
Obviously, if the doctors were following established medical procedures and the patient died, such an award seems ridiculous. However, if the doctors lied about the treatment being received or refused to treat a patient because of a personal characteristic, such as race or religion, then such a huge award would send a message to other doctors not to engage in such behavior. While capping award amounts in medical malpractice suits seems tempting, the fact is that some acts of malpractice result in the need for expensive lifelong treatment for the victim, which may not be covered under those caps. Therefore, medical malpractice lawsuits should not be burdened by recovery caps.
4. The three adults I spoke with all believed that medical malpractice lawsuits should be capped. They cited malpractice suits as one of the major reasons for today's exorbitant health insurance rates, and suggested that if comprehensive health care were…… [Read More]
The author of this report has been asked to answer several questions relating to comparative justice systems. Topics that will be discussed will include the concept of professed values vs. underlying values and the conflicts that can exist between the two, the primary sources of international crime statistics along with the strengths and weaknesses of the same, whether we can compare crime rates across nations, the dangers inherent to using international crime statistics, how the users of such data can increase the reliability of inferences/comparisons and the six characteristics of Socialist Law and how they differ from Civil Law.
While professed values and underlying values will commonly intersect, it boils down to where the person professing the values practices what they preach. Indeed, professed values are those that are asserted and proclaimed by the person that is asserting that they possess the values they mentioned. On the other…… [Read More]
civil lawsuit that has been covered in a newspaper article. The main legal arguments are given. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed.
Saliata v. Kennedy
This case is about a lecturer's employment status at the University of Illinois after he made controversial statements on his twitter account or 'handle'. The following are the facts taken from the Complaint, which the civil court must verify as true for it to grant a motion to dismiss. Dr. Steven Salaita, the lecturer, was a tenured instructor at Virginia Tech when he learned that the University of Illinois was looking for a professor to teach its American Indian Studies course (Salaita v. Kennedy).
The lecturer, who had specialized in Native American and Indigenous studies, applied to be considered for the position, and soon after the university…… [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]
Civil vs. Criminal Law
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…… [Read More]
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which…… [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]
Federalism and Religious Freedoms: The Importance of and the Adherence to the Separation of Church and State in a Multicultural Environment
Although it is clear that many religious concepts were embedded into the original drafting of the Constriction and the Nation's laws, maintaining a separation of church and state in the official capacity allowed the country to prosper in many ways. Having civil laws that govern beyond religious controls allows for a level of stability that can accommodate many difference ideologies.
Federalism and Religious Freedoms
A Federalist design works to protect religion and religious leaders by allowing them to operate freely without any state intervention.
• Although religions receive many protections, there are many issues that put the church and state at odds when the religious ideology conflicts with the secular freedoms which have been present since the founding in varying forms and degrees; obvious examples in today's…… [Read More]
branches within the law enforcement field. All these branches have a range of jurisdictions but have a common purpose of enforcing laws that have been passed by legislatures and the protection of the American citizens and those who live within the American borders. There are different law enforcement agents everywhere and they are interested in what one does, the particular agents present depend on ones location and what they are doing. This paper will look at three law enforcement branches; local, state and federal law enforcement. It will look at what thee three entail and how they differ in terms of jurisdiction and authority.
At the local enforcement agencies, the commonplace and frequently experienced law enforcement agency are municipal police officers. These police officers represent villages, towns and cities. A striking difference between these local officers and those found within state and federal level is that they offer the first…… [Read More]
The book, Civil Action, is based on a true case and it highlights the suffering of a small community in Boston in 1970s. The story revolves around the case of Ms. Anne Anderson, a resident of Woburn in 1970s, who discovered much to her horror that her child, a three-year-old boy was suffering from leukemia. While the disease itself was not that strange or uncommon, what aroused her suspicions was the fact that many children had suffered from the same illness in her area in a relatively short period of time. Woburn was an industrial town and the exposure to chemicals was believed to be the cause of this tragedy.
During this period, many other children had exhibited the same signs and symptoms and thus the people of the town decided to raise a voice against industries that would dump chemical waste in water hubs of the town.…… [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]
These rules developed after a long history of court decisions on related topics.
Pleadings and Procedural Rules
Once jurisdiction and applicable bodies of law have been established, effective and comprehensive complaints must be made before the matter can proceed. Complaint sufficiency varies from court to court, but generally includes the facts of the case and often cites relevant laws regarding jurisdiction and other matters, when they are not readily apparent. There are similar prescriptions for answers to complaints, and a variety of procedural rules that must be followed by both parties both in bringing/responding to a suit and during the process of a court hearing or trial.
Discovery, Summary Judgment, and Settlement
An abundant amount of information is subject to discovery rules, but not everything requested in a discovery motion is necessarily required to be turned over by law. The type of information being sought may or may not require…… [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]
Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).
The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…… [Read More]
Employers are not permitted to create requirements for jobs that have a disparate impact upon the ethnic composition of the workforce, if such requirements are not necessary for the job. But "once a plaintiff has established a prima facie case of disparate impact, the employer may defend by demonstrating that its policy or practice is job related for the position in question and consistent with business necessity." Furthermore, "the City's assertions that the exams at issue were not job related and consistent with business necessity are blatantly contradicted by the record, which demonstrates the detailed steps taken to develop and administer the tests and the painstaking analyses of the questions asked to assure their relevance to the captain and lieutenant positions." Only after fearing it might be the subject of a lawsuit, not out of due consideration of the relevance of the exam to select the best officers did the…… [Read More]
It can also be confusing. Some states have gay marriage as a legal right. Others have domestic partnerships, civil unions, and other terms for things that are the same or similar (Herek, 2006). Whether these options are constitutional is also something that has to be addressed and that is argued about by many scholars and laypeople (Herek, 2006). One of the other concerns that is brought to light where civil unions and their benefits are concerned is how employers view 'spouses' and what kinds of requirements are listed for them to be able to receive benefits (Same, 2008). Depending on how these people are listed, employers may or may not have to accommodate homosexuals and their partners in states that allow for gay marriages and civil unions.
As can be seen by the following map, not all states believe in any type of same-sex civil union or gay marriage, but…… [Read More]
But in 1973, the American Psychological Association announced that they would be removing homosexuality from the list of recognized mental illnesses, as growing numbers of researchers and doctors realized that it represented fairly normal sexual behavior (Head par. 17).
A quick bit of simple arithmetic can tell you that it still took thirty years after the medical community determined that homosexuality was not dangerous or especially abnormal for the law to catch up. And in many instances, there still aren't laws protecting gays. All that the Supreme Court ruling did was ban laws that banned homosexual behavior; they cannot make laws to protect gay rights.
This has been the major issue plaguing the civil rights of homosexuals. Until the legislative branch of the government becomes involved in mandating that certain rights are protected, nothing that the judicial branch does will ever really be secure. This was shown most recently in…… [Read More]
However in those days, the progress was even slower and there was deeper concern about the possibility of complete transition. Samuel Huntington's path-breaking book, Political Order in Changing Societies (1968) has been by far the most well received and comprehensive book on the subject of civilian military relations. Huntington studied the conditions in Latin America and found that in underdeveloped countries, militaries were usually more powerful because society cannot access the government and hence support military's interference. Middle classes then "compel the military to oppose the government" and restore the status quo ante. Military may be powerful but Huntington felt that it was the organizational structure that can be blamed for coups but instead the social structure and thus "Military explanations do not explain military intervention," he argued.
By the end of the 1970s, even more literature appeared on the scene to explain civil military relations and to study the…… [Read More]
The war and the years that preceded it led to the creation of social classes in our country. These classes consisted of the rich upper-class down to the poor immigrants; and each class had its own rules and regulations by which it lived. To this day, a large part of our society is based on classes. Socially, the war divided races and started what would lead to racism, bigotry, and the separation of black and whites. The war had served as a pathway to change but it would be several decades before the racial views of whites would change and allow for blacks to be treated fairly. Another thing that changed shortly after the war was women's rights. This movement paved the way for women to be considered equal and treated fairly (Ferland, 2009).
Ever since the Civil ar ended there has been great discussion over whether or not the…… [Read More]
Lee decided to run even before Sherman was able to come, and escaped from Petersburg. Grant was able to catch him at Appomattox, and then was the surrendered. There were 360,000 dead on the Union side and 260,000 dead on the Confederate side, but the union continued. This war made United States as a nation and a state. Earlier secession and state veto power had been disturbing the government from the beginning. (United States (History): The South Secedes) From here started econstruction, but that is another story.
Coming of the Civil War: An Overview. etrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html. Accessed on 26 May, 2005
Encyclopedia: Bleeding Kansas. etrieved at http://www.nationmaster.com/encyclopedia/Bleeding-KansasAccessed on 26 May, 2005
Encyclopedia: Missouri Compromise. etrieved at http://www.nationmaster.com/encyclopedia/Missouri-CompromiseAccessed on 26 May, 2005
The Compromise of 1850. etrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html. Accessed on 26 May, 2005
United States (History): Bleeding Kansas. etrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html#s85Accessed on 26 May, 2005
United States (History):…… [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]
Economic and social differences between the North and the South, states' rights verses federal rights, the fight between the proponents of slavery and abolitionists, and the election of Abraham Lincoln all contributed to the Civil ar. However, all of these causes can trace their roots in the institution of slavery. The major reason the southern states succeed was to maintain slavery, the conflict over western lands was about slavery, Lincoln couldn't maintain the union because of slavery, and the production of cotton demanded slavery.
Ultimately, though both sides claimed to want to achieve their objectives peacefully, the South viewed the North as a threat to its way of life, while the North preferred war rather than let the nation perish.
It seems incredible today that the institution of slavery was only abolished less than a century and a half ago. The idea that one person…… [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]
updated June 1, 2002. April 23, 2009. http://www.civilwarhome.com/gordoncauses.htm
Leidner, Gordon. "Causes of the Civil ar: A Balanced Answer." Great American History.
April 23, 2009. http://www.greatamericanhistory.net/causes.htm
Litwak, Leon. "Results of the Civil ar." Funk & agnalls® New Encyclopedia. 2005 orld
Almanac Education Group. April 23, 2009.
"The Secession Crisis: Bleeding Kansas." The Civil ar. April 23, 2009.
"The Secession Crisis: Dred Scott." The Civil ar. April 23, 2009.
"The Secession Crisis: The Missouri Compromise." The Civil ar. April 23, 2009.
John B. Gordon, "Causes of the Civil ar," Reminiscences of the Civil ar, page updated June 1, 2002, April 23, 2009, http://www.civilwarhome.com/gordoncauses.htm
"Causes of the Civil ar," KET, 2009, April 23, 2009, http://www.ket.org/civilwar/causes.html
Gordon Leidner, "Causes of the Civil ar: A Balanced Answer," Great American History. April 23, 2009. http://www.greatamericanhistory.net/causes.htm
"The Secession Crisis: The Missouri Compromise," The Civil ar, April 23, 2009, http://civilwar.bluegrass.net/secessioncrisis/200303.html
"The…… [Read More]
The differences between the Northern and Southern states regarding states' rights issues and industrialization also affected federal policies toward new territories acquired during Westward Expansion. Before the Civil War, the federal government had issued a series of "compromises" designed to appease both northern and southern interests. The Fugitive Slave Law and the Kansas-Nebraska Bill were both issued in response to Southern interests but they reflected weakness in the federal government. The Compromise of 1850, for instance, sparked controversy over admitting California to the nation as a free state. Southerners had hoped that new states would at least be able to choose their own policies regarding slavery: to have "the power to choose whether it entered the United States as a slave or free state," ("Causes of the Civil War").
Finally, the issue of slavery itself became a major cause of the Civil War. Southern states prospered as a result of…… [Read More]
If those seats were held by politicians from free states, the pro-slavery senators would gradually be silenced. Pro-slavery legislation would be impossible to pass in a senate dominated by anti-slavery politicians.
Thus, Westward expansion exacerbated the division between north and south. As pro-slavery Southerners felt increasingly threatened by their abolitionist Yankee counterparts, their representatives in Congress helped embed a second Fugitive Slave Law into the Compromise of 1850. Humiliated by the Underground ailroad and other attempts to subvert the first Fugitive Slave Law, pro-slavery politicians tightened the noose on runaway slaves and Americans who aided them. Therefore, Southerners directly used the Fugitive Slave Law as political leverage, as a means to regain some of their dwindling power in the federal government. The Kansas-Nebraska Act and the Fugitive Slave Law exposed the deep rift that had already developed between North and South and effectively presaged the Civil War.
Fugitive Slave…… [Read More]
California was particularly problematic. Taken from Mexico after the war, California was geographically cut in half along the 36°30, and was therefore legally and politically cut in half. However, residents applied for statehood as a free state in 1850. Congress responded with a set of complicated compromises: California would be admitted as a free state in exchange for the Fugitive Slave Law, which required that citizens residing in free states hand over runaway slaves, who would not be afforded any legal rights. Additionally, the District of Columbia would cease trading slaves, but the institution itself would not be abolished; slaves would not be emancipated. The admission of California as a free state upset the balance of power in Congress. The Fugitive Slave Law fueled the Underground Railroad and underscored the deepening divisions between North and South.
The Missouri Compromise was shot to pieces in 1854, when Kansas and Nebraska were…… [Read More]
Second, I would look at whether I had provided my subordinates with a common purpose, and whether I had taken the time to explain that purpose to my subordinates. Third, I would determine whether I had ensured that my subordinates understood priorities, both my priorities and the priorities of my superiors. Fourth, I would examine my methods of confliction resolution to determine whether I had been using a win-win method of conflict resolution or if I had been adhering to older, punitive means of conflict resolution. Fifth, I would examine my policy towards my subordinates; did I listen to them when they came to me with problems, or did I try to offer solutions without really hearing what they had to say. Sixth, I would look at what I had done to promote synergy; whether I had done anything to actively encourage community cooperation with my organization. Finally, I would…… [Read More]
Unlike the more committed New England settlers who were fueled by a desire to practice their faith and farm and to create a 'shining city on a hill,' settlements in the southern regions of North America were made up of single men, unused to labor and farming as well as taking orders. Despite certain famous incidents from this period of history, such as the friendship established between Powhatan and Pocahontas with Captain illiam Smith, settlements like Jamestown floundered (Davis & Mintz 52). The Puritans, for all of the criticism leveled upon them, fared better, perhaps because they brought a form of government and a structured ideology to sustain them as a people, although the struggles that beset this community (not the least of which was the Salem 'witch scare') in terms of tilling unfamiliar soil and surviving a harsh climate cannot be underestimated.
Eventually, all of the colonies began prosper.…… [Read More]
Forms of marriage that should be legally banned
ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]
They would subsequently call them at home, leave literature and fetus dolls at their door, and even call families and distant relatives of the patients to inform them of the patients' plans to ask them to intercede. The Pro-Life advocates argued that they were lawfully exercising their right of free speech on public property (such as across the street fro doctors' offices) to verbally attack patients by name as they exercise their equally important right to personal physical autonomy under the recognized privacy penumbras.
The Value of the Legal Approach Suggested by the Article
The Yale Law Journal article (Clapman, 2003) explained various ways that the general right of free speech is limited by more important privacy rights. For example, truth is ordinarily an affirmative defense to defamation. However, existing law already recognizes that certain statements, despite being truthful, serve no valid purpose besides injuring another person, such as by…… [Read More]
Instead of being a source of "organized social power" (Elkins 28) the church had "undergone a relentless process of fragmentation." People were religious, but Elkins asserts that people were seeking "individual satisfaction" rather than building "institutional needs." Elkins (150) delves into the Transcendentalists' view of the church, which was very cynical; "the church as an institution was corrupt..." The two author views are radically different one from the other.
SLAVES & MASTERS: Elkins explains that Southerners had "...a paternal affection of the good master for his blacks" and there were "warm sentiments" in southern Society for "faithful slave" (Elkins 61). However, on page 57 Elkins reports a case where a Virginia Judge in 1827 declined to punish the master who had cruelly battered his slave. Slaves had no legal rights and hence masters could take total control over their lives. Elkins does assert that a master could not kill his…… [Read More]
hen a northern imposition of tariffs, ratified in Pennsylvania in 1828, began to damage southern income, the 'abomination,' as this legislation was labeled, became a flashpoint for Southern identification with anti-federalist principles. This spoke to one of the strengthening ideological holdings in the South as it pertained to maintaining a slave-labor system in spite of the nation's prevailing cultural, ethical and economical trends.
The South would generally hold that the Constitution was conflictive to the independence of states.
In the unfolding dispute between the regions, South Carolina would be a leader for the concept of nullification, which as explicated in a doctrine anonymously written by southern leader John C. Calhoun, would entitle states to undermine Federal laws that were inconsistent the individual states' constitutions. An act which elicited a military response against South Carolina from then president, Andrew Jackson, this underscored the extremity of distinction in economic interest which had…… [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]
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]
The legal system of ussia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than ussian legal ideology and court systems (Bartlett, 2008). In reviewing the development in how western scholars think about the impact on ussian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also the "social practices norms, behaviors, and expectations" of the public (Bartlett, 2008, p. 4). As one of the world's nuclear powers and the largest country in Eurasia an understanding of the development of Soviet ussian legal practices is essential to an understanding of region.
Origins of USS Legal History
Soviet law was portrayed as socialist law but the ideology behind it was strictly Marxism (Berman, 1948, p.223). In the socialist legal framework, the legal systems under a capitalist regime…… [Read More]
Criminal and Civil Law
A man is charged with brutally killing his ex-wife and her friend, and the family of the two victims also file civil lawsuits "against the man for the damages suffered by the families" (alston-Dunham, 99) because of the deaths. The first case is a criminal case because the state prosecutor files a case against the man. However, the second proceeding is a civil case because the families of the victims file lawsuits to claim the damages. In the first case, the man was not charged with the criminal offense because there was no proof beyond a reasonable doubt to find the man guilty. However, the man was found guilty in the civil proceeding based on the preponderance of the evidence.
The objective of this study to determine the reason the same evidence are not used for both the criminal and civil proceedings.
"Reason Same Standard of…… [Read More]
Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)
This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.
It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact…… [Read More]
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.
Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]
Kelly a. Wagner of Connecticut Law Tribune has written in an article entitled Good Samaritan Statute Under Scrutiny that a patient dies because of the Turkey sandwich given to her while she was on board with the paramedics while going to the hospital. It was found out that the patient has no teeth or salivary glands, which led to the choking of the patient. It was argued that the paramedics should have known the medical condition of the patient. The situation then could have been avoided. The suspect's attorney argued that the employees do not have any civil liability because the Good Samaritan Law covered what happened. The law, which was passed in 1963, offers immunity from liability for dentists, school personnel, police, firemen, EMTs and others who provide emergency medical assistance or first aid during a crisis. (Wagner, 2002, Good Samaritan Statute Under Scrutiny, par. 14). The final verdict…… [Read More]
Comparative Law and Business
A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…… [Read More]
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.
Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business
It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]
Corporation Transactions and Misrepresentation of Financial eports
Business law also called commercial law is a branch of civil law that governs business as well as, commercial transactions, and deals with both the private and public law. The branch created to ensure that, they are no exploitation and manipulation of people as well as rules and regulation in order to benefit some members of a business. This means that should one break or manipulate the rules and regulation in his favor. The or she must face the court in accordance with the law. With legal rights of all investors considered as an important element of the business law, we examine the board changes within the filling of the shareholder derivative lawsuits and might not be frivolous. Also, lack of highly competent employees within a business can lead to tremendous losses and to some extent closure of the business in accordance with…… [Read More]
The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law.
Case Study 1 Part B
At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from 0200-0600 hrs.
Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty. They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident…… [Read More]
criminal law. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person. This study can help understanding the mechanism that deals with the criminal law.
Crime is an integral part of the everyday life and is a salient fact in today's world. In the opinion of public as well as the scholars, crime is usually linked with violence and harm to societies and individuals, destroying the property and degrading the respect of individuals, societies and institutions. It is quite obvious that we are facing problems in describing the nature of crimes and are unable to understand the works of many scholars on this subject. The basic question is "What is crime?" there are a number of answers to that, some are supporting each other while some are contradictory to each other. There is a strong need to…… [Read More]
In fact there are signs of turmoil among religious as well as ethnic groups. An internal war between the Hausa and another tribe called the Yoruba resulted in 300 deaths. More recently tribes called the Tiv and the Jukun have executed tribal raids. In fact, between the successful election of a civilian President in May of 1999 and the end of 2001, over 10,000 Nigerians died in regional conflicts based on religious/and/or tribal differences. The Islamic belief in Shari'a, including the idea that religion and state government should be one, contributes to these problems.
In fact the animosity between Christians and Muslims is quite strong in Nigeria. The province adopting Shari'a, Zamfara, uses Islamic courts to try criminals. The Christians who live in the south do not agree that Zamfara should use a religiously-based legal system. This disagreement demonstrates that the country is divided on multiple levels. It is the…… [Read More]
Thoreau's Resistance To Civil Government
This is a paper discussing the Henry David Thoreau's essay 'Resistance to Civil Government' and arguing that his ideas represent the extreme individualism and anarchist ideology.
The renowned American author and naturalist Henry David Thoreau is considered to be one of the most influential minds in the American thought and literature. Thoreau had not only great influence on American thought but also on the politics of the world, some of his ideas and concepts that he developed were the most original political doctrines devised by American thinker. We appreciate this more, considering the fact that he was an unconventional thinker. At the heart of Thoreau political philosophy was the concept of individualism, he was a supreme individualist and championed the human spirit against materialism and social conformity. His most famous book, "Walden" 1854 is an eloquent account of his experiment in near solitary living in…… [Read More]
English Right of Set-Off and Combination in the Circumstance of Insolvency
The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…… [Read More]
Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager
EMPLOYMENT LAW IS AS IMPOTANT AS CIMINAL LAW
The role of a security manager requires diversity; they are required to oversee a department in order to reduce theft, fraud and make sure an organization's assets are well protected. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers. This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship. Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees.…… [Read More]
International Energy Law
International Energy Arbitration
This paper will examine the role of arbitration in the international energy sector over the past 50 years. Discussion is organized around the five decades leading up to the current state of affairs in the international energy sector. In each section, major arbitrations are identified and tied to the categorical intention of arbitrations of that period. For instance, arbitration awards that occurred during a period of substantive concession agreements -- termed the first generation of concession agreements by Kosheri (n.d.) -- include the Abu Dhabi award of 1951, the Qatar award of 1953, and the Aramco award of 1958.
The next period, which occurred roughly in the 1960s and 1970s, was characterized by arbitration awards that evidenced a climate of confrontation, during which host nations took the position of abstaining from participation in arbitration proceedings. These nations were unilaterally interested in bringing the earlier…… [Read More]
Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?
Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…… [Read More]
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]
Kapoor G.K., (n.d). Business Law Including Company Law. Chapter 1
his book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract. he chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law. he chapter further highlights using examples and case studies how cases of contractual agreements can be solved. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand…… [Read More]
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]
" In this case the part of Dozey was complete as he had recovered the cat, and was in the process of returning the cat to the owner Cindy. By the logic of the Carbolic smoke ball case the contract was complete and Cindy could not withdraw the offer and therefore was bound to pay the sum. Thus the revocation even in the newspaper may not have much significance because it would not have been complete against Dozey as per the Carlil case. Secondly in the instant case Cindy tells Dozey that the offer is withdrawn after he has performed his part of the offer. Therefore the revocation did not happen because the conditions of the offer have been fulfilled before revocation and hence Cindy would have to honour the offer.
E-Law esources. "Dickinson v Dodds (1876) 2 Ch D. 463." etrieved 8 November, 2012
England and…… [Read More]