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Issues Presented or Questions of Law:
1) Did the SBL agreement constitute the contract between the parties?
2) Was Plaintiffs' case barred by the parole evidence rule?
3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' case?
Holding / Rule of Law:
1) The SBL agreement did not constitute the contract between the parties. The contracts were formed when Plaintiffs accepted Defendants offer and tendered their consideration. Therefore, the SBL agreement and addendum were unilateral, and therefore unenforceable, changes to the contract.
2) The Plaintiffs' breach of contract claim was not necessarily barred by the parole evidence rule.
3) The trial court should not have sustained Defendants' demurrer to Plaintiffs' case because a demurrer is not proper unless no recovery is possible on the facts alleged in the complaint.
1) A contract is formed when there is an offer, an acceptance of that offer, and an exchange…… [Read More]
Legal Brief: Hotjox Magazine
Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olympic Hunks Exposed" and said, "12 Sizzling Centerfolds eady to Score with You," "Holy Speedo! Hot Athletic Buns!" And "Mark Studley, Olympic 2000's Best Body." The only image of Studley inside the magazine was a small fully-dressed quarter-page photo with an athletic profile of him and a quote he had previously given about trying to be a role model for children. The magazine did feature nude photos of male dancers. Studley filed suit against Hotjox alleging false light invasion of privacy. Studley maintained that the cover implied that he had voluntarily posed for the magazine and that this cost him endorsements and resulted in damage to his reputation. Hotjox argued that,…… [Read More]
Title and Citation: Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988
Type of Action: Civil and Contractual
Facts of the Case: Darlene Suggs cohabited with Norris, but remained unmarried. During their time together she worked with him as a partner in his produce business and, according to witnesses, was quite instrumental in the success of said business. Suggs also took care of Norris during his last years when he suffered he effects of chronic alcoholism. hen Norris died, his heirs gave Suggs nothing.
Contentions of the Parties: Suggs sued the Norris estate for breach of implied contract. Norris' estate argues that any contract is void because cohabiting is against public policy.
Issues: Does public policy prohibit the recovery by a plaintiff partner in a cohabiting relationship but unmarried from the other partner's estate for services or benefits given to the…… [Read More]
Legal Brief: Anthony Labriola v. Pollard Group
Anthony Alan Labriola v. Pollard Group, Inc., A Supreme Court, 2004, No. 74002-0
hether a 2002 noncompete agreement negotiated after the employee had been hired and without independent consideration is enforceable.
Five years after beginning employment as a sales person the employer required the employee sign a noncompete agreement in 2002. In exchange the employee was allowed to remain employed.
After the noncompete agreement was signed by the employee, the employer changed the commission schedule such that the employee believed his income would be cut by 25%. As a result the employee began to search for employment elsewhere.
Upon learning of the employee's job search activities the employer fired the employee and notified competitors of its intention to enforce the noncompete agreement.
As a result the employee remains unemployed.
Employee filed suit seeking a summary judgment that the noncompete…… [Read More]
The author preparing this brief is asked to defend against the banning of a book on the grounds that it is obscene and thus it should be barred from sale and distribution in the public sphere. The laws and standards surrounding obscenity are vague, subjective and impossible to reliably and consistently enforce in a manner that is even-handed and objective. As such, the banning of a book, movie or other piece of art or literature should not happen unless the case is clear-cut and without question. While obscenity laws are well-intentioned, at least most of the time, they don't pass muster unless wielded for very narrow and well-established reasons.
Per Miller v. California, there are three standards of obscenity that must be surpassed for a work to be banned with good conscience and all three of them can be quickly dismissed and in short order over the course…… [Read More]
When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence.
Implications Under Article 20 of New York Penal Law
While the condemnation of a victim is not a viable defense, the implications for Bluto and his obligations under Article 20 deserves exploration. Just as Duty of etreat applied to Popeye and Olive, it likewise applied to Bluto, as he had the opportunity, and indeed a legal obligation, to walk away from the dispute, and if he did so, the outcome would have been quite arguably different.
For everyone involved, the obligations of conduct under Article 20 are clear; simply put, the incident should never have been inflated to the point that it ultimately was.
Perhaps the most famous real life legal case in New York history was that of People v. Goetz,…… [Read More]
Lbs Homework Sheet
Quinain v. Doe, 516140 App. Div., 3rd Dept (2013)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
The plaintiff are a group of people who developed a close relationship with George ossi and took possession of his parcel of land after his death.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The legal question to be answered is whether the plaintiffs legitimately took possession of the parcel of land subsequent to ossi's death or if the distant family members of ossi actually are entitled to possession of the land.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
The decision had a couple of layers. First, both George ossi himself and…… [Read More]
O'Neill v. Montefiore Hospital
The case of Mr. O'Neill and his widow's case against Montefiore Hospital is a fairly basic one but it poses a very relevant and pointed question. The question becomes where the line is drawn between the duty to provide care and when the patient is basically on their own despite any bad things that may happen. The decision on this case was a split decision, so this drives the point home even further that the details and duties in question in this case are far from being clear-cut and defined and this is in part based on what did happen, what did not happen, what allegedly happened and what allegedly did not happen (Leagle, 2015).
The gist of the case is that Mr. O'Neill was awake and rubbing his chest and arms due to having pain in both of those areas. His wife awoke…… [Read More]
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)
Type of Action
The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).
Facts of the Case
Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor)…… [Read More]
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.
Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has…… [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]
This could be something like another computer picking up someone's credit card number during what was supposed to be a secure transaction, or an employee of a company giving out a person's confidential information over the phone to someone who is not authorized to receive it. However it happens, confidentiality breaches are serious, and must be addressed immediately so they do not happen again (Allen 2001).
Integrity of information assures that information can not be modified without such modification being detected. Most information management systems have some sort of protocol in place for protecting the integrity of information. The greatest danger to the integrity of information occurs when it is in transit from one computer to another. This is the perfect time for hackers to access the information and modify it without being detected. A secure information management system ensures that this is unlikely to happen and that any modifications…… [Read More]
Legal Book Review: The Buffalo Creek Disaster
The Buffalo Creek Disaster was one of the costliest preventable tragedies in the history of American coal-mining. An impoundment dam burst in a coal mining est Virginia town, precipitating a deadly flood that killed or injured more than a thousand people, and left many more residents homeless. The dam had been declared sound shortly before it burst by a federal inspector. The owner of the dam, the Pittston Coal Company initially only offered a very small settlement to the victims. "Over 125 people perished immediately. Most were women and children unable to struggle out from under the thick black water choked with crushed and splintered homes, cars, telephone poles, railroad tracks, and all manner of other debris. There were over 4,000 survivors, but their 1,000 homes were destroyed as well as most of their possessions" (Stern ix-x). Survivors of the incident experienced post-traumatic…… [Read More]
Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance
. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.
Additionally, effective partnerships require regular meetings and reviews of all business operations, and…… [Read More]
Other safety measures would include using a matt or some sort of way to minimize the issue of falling or tripping during inclimate weather; and also keeping the aisles and store clean and neat so that there is little chance for accidents. Employees, too, should be encouraged to understand where the first-aid kit is located, procedures if a consumer is injured (911, etc.), and how to best protect themselves in the event of a robbery or altercation. The impact of all these will have two forms: it will increase expenses for the business and thus increase the amount the business must charge for the product -- part of the Cost of Goods Sold.
Consumer Product Safety Act. (1972). Public Law 92-573. Retrieved from:
Ensuring Safety in the Workplace. (2011). Workforce Central. Retrieved from:
Part 2 -- Business Plan Response:
Overview: The demand for affordable designer clothing has…… [Read More]
" (Lee, 2009)
Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discussed by the GRI and ISO 26000." (Lee, 2009) Those standards include the following: (1) a guarantee of the three labor rights (organizing, collective bargaining, and collective action) based on freedom of association, (2) a ban on forced labor, (3) a ban on child labor, and (4) no discrimination in labor. (Lee, 2009) Stated as important secondary standards are those as follows: (1) responsibility for employment; (2) industrial safety and health; and (3) training and education. (Lee, 2009) Lee states that western multinational companies "...are capable of investment, innovation, and reporting for SR, because they have been exposed to the CSR movement for some time. Thus companies in…… [Read More]
legal risk arising from wrongful discharge.
What liability and rights do NewCorp and Pat have in this situation? What legal principles -- such as statutory or case law -- support those liabilities and rights?
When it comes to the first scenario, it is clear that NewCorp fired Pat based upon the views that he expressed at a public gathering. While this cannot be directly proven, various pieces of circumstantial evidence are illustrating how this is the case. As, he was not given any kind of notification for: unsatisfactory behavior at work. This is important, because it means that the company does have a potential legal liability (based upon these actions).
The statutory rule that company is violating is the provisions of: intentional discrimination (under the Title VII of the Civil Rights Act of 1964). This states that it is illegal for employers, to fire someone based upon: actions that…… [Read More]
Legal, Social, and Economic Environments of New Product Development
There are three basic forms in which of businesses can be organized: sole proprietorships, partnerships, and corporations. There are also many different versions of each form. For example, there are many different kinds of corporations. However, based on the scenario represented for the individual who has an idea for a product a sole proprietorship would most likely represent the ideal form for the individual to get started with and if the product does turn out to be a success then they could always reorganize the business later on. Although the individual has an idea for a product that he believes will be a success he does not have a lot of capital to launch a major product development campaign. Furthermore, although the economy is recovering, the external environment is still plagued with high levels of competition and…… [Read More]
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus a failure to communicate. Neglect must be serious and continuing and involve serious mental, physical or moral harm to the child. Poverty or disreputable lifestyle, absent such harm, is not adequate grounds for termination. Abuse requires serious physical or emotional harm, or sexual misconduct. A likelihood of future abuse must also be established, since termination is not intended to be a punishment to the biological parent. A mental illness, deficiency, or substance abuse problem must result in an inability to parent,…… [Read More]
Question Presented / Issue Statement
Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service (U.S.P.S.) and Jim Bonilla, egional Supervisor of the U.S.P.S., on their motion to dismiss appellant's complaint for failure to exhaust administrative remedies in appellant's lawsuit for gender discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil ights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). The questions presented in that case was whether appellant provided sufficient facts to warrant tolling her claim under a theory of equitable estoppel or whether the Court should refuse to hear her claims because they were filed after the applicable tolling period. Specifically, these questions are:
Does the time limitation outlined in 29 C.F.. § 1614.105(a)(1) prevent Ms.…… [Read More]
It is important to note, from the onset, that there are many commercial benefits that our company could reap by expanding internationally. Thus, the expansion into Mexico is not only timely, but also well considered. However, in engaging in the said expansion, the company ought to be aware of the pertinent aspects of both the U.S. and Mexican law. It is with this in mind that this memo highlights the most likely compliance issues or concerns in as far as the various aspects of law and ethics specific to Mexico are concerned.
Pertinent Aspects of U.S. Law
There are a number of laws and certain legal provisions specific to our expansion into Mexico. Key amongst these include, but they are not limited to; USMCA (which replaced NAFTA a month ago), Customs and Border Protection (CBP) laws, and laws relating to engagement in corrupt practices and money laundering.…… [Read More]
Construction Case Study
Oliver Owner has decided that it would be a good investment to build a large suburban office building on some unimproved land that currently owns. However, since he does not know much about construction, he has hired a professional project manager firm, CMI, to manage the project. However, when Mr. Owner was away for personal reasons, CMI exercised its authority to select an electrical contractor from three pre-authorized contractors that were selected. When Mr. Owner returned, he accused CMI of exceeding its authority by signing a contract with the electrical firm on his behalf. Other problems also arose from the contracts related to the electrical work to be done of the suburban office project such as a request to retract a proposal as well as a misunderstanding about what the security deposit that the contractors entailed. This analysis will provide a brief background in legal…… [Read More]
Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.
My Three (3) Step Legal esearch Process
Analysis and Planning
As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various…… [Read More]
Legal Issues in Cremation
The sources listed in this annotated bibliography provide a beginning body of information about the legal issues that emerge when a cremation is not carried out according to the wishes of the family or the deceased. The resources provide information about failed cremation that was due to negligence on the part of the official licensed to provide cremation services.
Two of the research questions are: What are the regulations about licensing and inspections of crematoria in various states? In which states does the law make it crime to negligently dispose of a body?
illigan, T.S. (2013, November 15). Hawaii Adopts NFDA's Model Right of Disposition Law. The Director. National Funeral Directors Association (NFDA). Retrieved
This article is useful as it explains the legal problems that can emerge when a state (such as Alaska and Hawaii) do not have a right of disposition law.…… [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]
M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.
The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real…… [Read More]
hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Police Department to assist in carrying out investigations. The hotel staff did not appeal the police to take Gonzalez into custody. In the other case, Michael Evans arrived at the club with his companions; he unknowingly groped Ms. Niland who later instructed the security officer to arrest him.
Nonetheless, in the second case, Michael Evans had number of associates including, Chad Sorrell, Bernard Lynch, and Dan Lechner. They witnessed the event at the club as opposed to the first case where Gonzalez was alone studying in his hotel room in preparation for the forth-coming Texas Import/Export examination.
In the first case, due to lack of sufficient evidence…… [Read More]
After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…… [Read More]
Mapp v. Ohio
Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to conduct a search in regard to the same. The petitioner, after consulting with her attorney, refused to let them in because they did not have a warrant to that effect. The officers left, but returned several hours later holding up a sheet of paper that they claimed was a search warrant. They forcibly made their way into the house, conducted a thorough search, and seized a trunk containing obscene materials in the basement. They then charged the defendant for the possession of obscene materials in violation of state law. The defendant filed an appeal on grounds that the search conducted by police in her boardinghouse violated the…… [Read More]
A deposition is "conducted by parties to a legal action to obtain information that cannot as readily be learned through written records or general investigation. During a deposition, the lawyer for one side orally questions a witness on the opposing side. In addition to the defendants named in a lawsuit being deposed, others called to deposition can be fact witnesses" (Preparing for a deposition, 2011, World Law). Above all, preparation is an essential component of preparing for a deposition. Before entering into the deposition the administrator should consult with the attorney about the specifics of the case and the law as they pertain to the issue at hand. Answers should not be memorized to likely questions, but the administrator should be aware of key talking points he or she wishes to communicate.
Meyer, C. (2013). Discovery. About.com. etrieved:
Preparing for a deposition. (2011). World Law. etrieved:
Second…… [Read More]
What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights?
NewCorp is liable to follow the guidelines of the handbook outlining how to deal with unsatisfactory employees, but they also have the right to dismiss an employee at will. Pat on the other hand, has the right to be informed about the indication of the problem and put through a corrective plan to improve his shortcomings before dismissal. Nevertheless, this is a case of implied contract where there is lack of clause clarifying that the policy is not intended to include employment affiliations (Cheeseman, 2010). The employment-at-will doctrine allows the employer to dismiss employ at will; however, in this case NewCorp violated their own guidelines showing poor ethics in the decision to terminate Pat's employment.
Wrongful discharge is supported by the…… [Read More]
Whitt v Teeter
American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a more specific level of focus. This form of law governs manufacture and distribution of goods, guarantees, accidents, corporate responsibilities, contracts, hiring practices, and the manufacture and sales of consumer goods. In the United States, unlike some other countries, commercial law is part of the purview of the U.S. Congress and the civil codes that govern laws between the states. This template came about based on needing to establish some sort of legal venue that would transcend individual state's jurisdictions so that goods could be transported between states and still have legal protection (Commercial Law, 2010). Many efforts have been made to create a more unified, "national" code that…… [Read More]
Hamdan v. umsfeld
Hamdan v umsfeld
Case Name and Citation: The name of the case is Hamdan v. umsfeld, 548 U.S. 557 (2006). Salim Ahmed Hamdan is a Yemeni national, who was captured in Afghanistan in 2001. He is accused of providing material support to terrorists and was transferred to Guantanamo Bay, Cuba. In 2002, the Bush Administration declared him to be an enemy combatant. They determined that he would stand trial before a military tribunal. However, several years have passed and he has not been allowed to consult with legal counsel. The result is that the proceedings are delayed which keeps him confined at the facility indefinitely. Donald umsfeld was the Secretary of Defense and is responsible for the administration of the prison. [footnoteef:2] [2: Hamdan v. umsfeld, 548 U.S. 557 (2006)]
Facts: Hamdan was captured by militia forces in Afghanistan and was turned over to the U.S. military…… [Read More]
Ethical and legal use of psychological testing has a significant impact on the standards and practices of psychological testing to demonstrate intervention for those being tested. The purpose of the ethical boundaries of psychological testing is to ensure that clinicians are utilizing the best test possible and then applying the results ethically to demonstrate assistance with diagnosis and intervention modes in a way that best meets the needs of the subject. This work will discuss the ethical application and utilization of psychological testing instruments to demonstrate the best possible outcomes and interventions for subjects in a way that recognizes tests strengths and limitations and ultimately leads to the appropriate and essential answers needed to aid people with diagnosis and treatment objectives. There are a significant number of psychological tests at the disposal of clinicians and they are in a constant state of revision by the entities that develop…… [Read More]
Columbia Rules of Professional Conduct (RPC)
Fee splitting Agreement between Mr. Dark and Mr. Pasada
(i) Is the fee-splitting agreement between Mr. Pasada and Mr. Dark enforceable?
No, unfortunately for Mr. Pasada the fee-splitting agreement is not enforceable under Rule 701.2 (g) of the Columbia Rules of Professional Conduct (RPC). This rule is intended to protect the client and is not the right argument to be made for a lawyer's protection by Mr. Pasada in these circumstances.
(ii) Did the letter signed by Mr. Tomas constitute consent?
No, this letter does not constitute consent. Mr. Tomas's signature on the letter merely acknowledges that he received it, read it, and understood its contents. The letter does not ask for consent to the agreement, nor does it imply that Mr. Tomas has consented in any way; it merely established that the letter was received.
What was the legal effect of the memo…… [Read More]
easonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)
Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and unreasonable search and seizure. The federal government sought to overturn the motion to suppress that was upheld by the Ninth Circuit.
Facts of the Case: On a January afternoon in 1998 Border Patrol agent Clinton Stoddard was manning a checkpoint on U.S. Highway 191, located north of Douglas, Arizona. At approximately 2:15 P.M. A motion sensor was tripped and Stoddard was notified that a vehicle was traversing an infrequently travelled road -- evidence used by Border Patrol agents…… [Read More]
There are three types of stimuli used, which are:
2) Irrelevant; and 3) Probes.
These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.
Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…… [Read More]
Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).
NewCorp has a strong case that…… [Read More]
It should also be pointed out that the Defendant, Mr. Taylor, warned the Plaintiff to not play with the dog and that Ms. Buffet openly admits that this is the case. The warning itself will not affect the issue of liability but it will impact on the measure of damages. As Ms. Buffet made no effort to play with the dog or otherwise interact with him the issue of the warning should have little impact on the case but it is something that must be considered.
II. Doctrine of Comparative Negligence Will Mitigate Damages
Assuming arguendo that the Plaintiff can prove negligence by the Defendant she must overcome the tenets of the Comparative Negligence doctrine.
As Florida follows pure comparative negligence she might still be able to recover damages but they would be diminished by how the contribution of fault is measured by the jury. For example, if the jury…… [Read More]
Amicus Brief that I examined for this particular assignment is entitled "Floyd v. Cain." It largely functions as a means of providing evidence that people may falsely confess to crimes for a multitude of reasons. Therefore, it implies that not all convictions are actually true, particularly those in which false confessions may have been involved.
This particular brief was written due to a legal matter involving John Floyd, who has spent approximately the past 30 years in prison largely due to his confession to a charge of murder. There are several mitigating factors pertaining to this particular case, most noticeably the fact that Floyd "has a full scale IQ of 59 and, at age 60, reads at the level of a second grader" (APA, 2013). At the time that the American Psychological Association (APA) prepared this brief, there was new evidence in Floyd's case that he may have falsely confessed.…… [Read More]
Even if he hints around in a non-direct way that his friends should sell their stock without coming out and saying it, he may be guilty of insider trading because the information on the merger has not yet been made known to the public.
This is unethical and what the corporate officer should steer the conversation in a different direction and if his friends insist on continuing to ask questions he should firmly, but politely tell them he is not allowed to discuss personal company information with them.
Likewise, an employee has a certain amount of fiduciary responsibility if he knows that there are fraudulent practices happening at the corporation. If the employee knows that there is insider trading or if he knows that the accounting practices the corporation is using are dishonest, then he has an obligation to report what he knows. Some employees, especially if they do not…… [Read More]
this is, of course, never the case, anti-stem cell research activists
affiliate this issue as a slippery slope with the abortion issue.
However, to my perspective, this is an incredibly inhumane
politicization of a prospect which could save many lives and reduce much
suffering. Obstruction to advancement in this field are short-sighted and
cruel. The condition of cystic fibrosis is a good example of a condition
where the effective use of embryonic stem cell research would be considered
a means to reducing much pain in its sufferers. Here, the dysfunction of
the secretory glands creates excessive mucous production and can result in
life-shortening respiratory and developmental issues. If embryonic stem
cells are differentiated and transplanted to produce healthy, functional
secretory glands in the sufferer, this serious and distressful condition
could be diminished in presence.
This denotes the potentially broad-based benefits to pushing forward
with research, in spite of the…… [Read More]
Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a writ of certiorari in the highest court in the land a moot point.
The question before the Court of Appeals was whether the President of the United States had the constitutional authority to detain a United States citizen who was allegedly associated with al Qaeda, a known terrorist organization that the United States was at war with.
The Judge who ultimately penned the Court of Appeals' opinion, Luttig, was joined by Judges Michael and Traxler (2005) and wrote:
The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is…… [Read More]
The line of legitimacy, separating socially approvable use of force from violence, cannot be effectively drawn without an agreement on what constitutes the optimum amount of force necessary to maintain social order and to protect human rights against encroachment. A society subscribing to infinite morality which condemns all use of force as immoral is doomed no less than a society accepting the absolute pragmatism of tyrants. "
As Oleg Zinam proposes, these two extreme social attitudes to morality are equally unprofitable to the societies that adopt them. The attitude of absolute pragmatism can easily lead to the acceptance of political assassinations, as long as such acts may help the final political purpose. An example of absolute pragmatism can be the regime initiated by Hitler, who ordered the extermination of all Jews in an attempt to "purify" the human race by excluding anyone who did not fill in the Arian ideal.…… [Read More]
Prostitution is sex between two willing adults and one of the adults pays the other adult for that sex.
While it is illegal to be the prostitute or the John it shouldn't be. Both are adults, that is not illegal, both are engaging willingly is sex, that isn't illegal, and one hands the other one money. If the John handed the prostitute money without getting sex, he would not be breaking the law. If the prostitute slept with one man, called him her boyfriend and the only thing he asked is that she maintain her figure and be available for Friday night visits, and in exchange he paid all of her bills it would not be illegal. But if that same woman decides to sleep with a dozen men a month and let them each contribute to her bill fund that makes her a criminal. The bottom line is one…… [Read More]
"One way to help to insulate your company from lawsuits is to offer severance payments in exchange for a release of any claims that the employee could bring against the company or its employees" (Blinn 2009). However, a more effective approach than keeping inefficient employees may simply be to have a strong company policy about discrimination. A zero-tolerance policy for harassment, a proactive approach to diversity, and actively recruiting individuals from a wide variety of backgrounds ensures that when layoffs occur, they are less likely to unfairly penalize one group more than another group.
To avoid legal complications requires scrupulous record-keeping and clear policies about terminating workers. These policies should be articulated as part of the hiring process. These should be in place before the need for any terminations occur for the employees in question. "Develop reasonable standards of conduct and provide them to your employees in writing…You should also…… [Read More]
K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures. The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures. hile the dissent suggests that other remedies can help a defendant who has been subjected to an unreasonable search and seizure, the fact is that none of…… [Read More]
Indian Legal Environment Foreign Companies Introduction Today, International Businesses buy sell, India. It essential a foreign company planning enter India, understand culture, traditions peoples' mindset.
Conflict in Employment elations
The issue of conflict in employment relations presents great importance to companies because of the effects it has on the activity of employees and on the performance of the company. There are several types of organizational conflicts. The most important types of conflict are represented by individual, collective, overt, covert, and others. Based on the paradigms that these situations refer to, conflicts can be industrial, like strikes, breaches, misbehavior, sabotage, and resistance. The numerous causes of organizational conflicts lead to different types of conflicts and strategies used in these cases.
Job egulation Paradigm
Conflicts in job regulation are important because they help reach a level of stability and balance in the system. This objective can be reached by identifying different interests…… [Read More]
Landmark Legal Cases, Informed Consent:
Implications for the Counseling Field
Many seek counseling each year and do not understand what services are offered, or even that the counselor they see is required by law to maintain the confidentiality of the conversation that the two of them are going to have. These issues have been clouding in the past and have led to many court cases that have helped counselors in every state outline exactly what is required of the document. The American Counseling Association (ACA), and the associations of the different states, have specific ethical guidelines which require members to provide new clients with an informed consent document to sign. State and federal legal cases have shown the need for a document which spells out what the counseling services of a particular practice are, what confidentiality is, and oftentimes how the counseling services will be paid (Walsh & Dasenbrook, 2005).…… [Read More]
Ecumenism: A brief history
Ever since the beginnings of the history of Christianity, there have been profound divisions within the faith regarding the best and right way to profess one's belief in Jesus Christ. The Apostle Paul speaks of the division between those who believed that it was necessary to follow the practices of the ancient Hebrew in the form of Mosaic Law to be a Christian, versus those who did not; there were also divisions between the Gnostics (who believed that the material world was inherently evil) versus what we would call today the more orthodox Christians who rejected the Gnostics as heretics. Although the intensity of these controversies (such as the notion of whether God was conceptualized as a trinity, the legitimacy of particular popes, and eventually the split between estern and Eastern Christianity) waxed and waned in the Middle Ages, divisions once again were ripped open with…… [Read More]
The Moral, Legal, Political, and Practical Dimensions of Assassination
Murder: The killing of a political leader or other public figure by a sudden violent attack. Destruction of something: the destruction of something such as somebody's reputation by malicious or treacherous means.
In the wake of the September 11, 2001, terrorist attacks on the New York World
Trade Center and the Pentagon, some attention has been focused upon the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11, and whether it would prohibit the United States from responding to the attacks by targeting those who orchestrated these acts of terrorism. In considering the challenges involved in effectively combating terrorism and protecting the United States from future terrorist attacks, there has been wide-ranging debate as to what approaches might be beneficial. Part of that discussion has centered around whether assassination of terrorist leaders is, or should be, one…… [Read More]
This is further based on the following assumptions:
1. The company will charge $150 per hour for each client.
2. The company expects to spend at least 80 hours a year with each client.
3. The company expect to see at least 30 clients per year, which will generate a revenue of $150 x 30 x 80 = $360,000. For the purpose of this computation, this will be regarded as the selling price.
4. The company expects its yearly fixed costs to be $526,000. This fixed cost consists of the cost of staff remuneration, utility bills and advertising.
5. The company expects its variable costs to be about $344,000 a year, comprising of the cost of equipment servicing and maintenance, legal costs, and so on.
Given the above assumption, the company's yearly break-even point can be computed as follows:
The implication of the above computation is that LNS must service…… [Read More]
policy, law and management. It is based on a particular background that has been provided.
Law, Policy, and Management Brief: Models of Court-Agency Interaction
Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision. The agencies have been given broad discretion when it comes to creating rules to govern proceeding (Administrative Agency Adjudications - Administrative Law).
However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. In…… [Read More]
Once the practice of Islamic worship the women of that region began to be subjected to stricter codes, from marriage to dress and the risk of honor becoming an even greater issue grew. The terrorization by the Mongols and Turks was quite different from the terror under Saddam. The Mongols and Turks utilized slavery, rape, beatings and murder. Saddam instead took on an entirely different approach. His first goal was fear coupled with violence to maintain the plans he made for the society and culture. He was less about Islam and more about self-promotion and the glorification of Iraq. This type of leader is most like Josef Stalin of the Soviet Union. One never knew when or why you might be targeted.
Following the fall of the Ba'th government, the population of women in Iraq was at approximately 60%. They are a definite majority and should be in a better…… [Read More]
A Brief History of the Company
Gucci was founded in 1921 by Guccio Gucci. Gucci was an immigrant who worked in London and Paris. Because he worked in high-end hotels, he became enamored with the beautiful luggage he would always see. He returned to Florence, Italy, where he was born, and begin to sell fine leather goods from a shop in 1920 (Forden, 2000). The Gucci company was officially founded the next year. The workrooms were organized to handle industrial production, but the handcrafting remained. Soon there were additional shops throughout Florence, as well as ome and Milan (Bianchino, et al., 1987). The leather goods sold well because they were finely-crafted, but the leather was exchanged for cotton during WWII because of leather shortages (Bianchino, et al., 1987). The bags were marked with a signature Gucci logo. In 1953, offices were established in New York City. Jet-setters…… [Read More]
The initial MP3 founders backed by the open source model coded the MP3 software that speeded up the recognition of the MP3 audio format. (Behind the Files: History of MP3) at the time of writing the code for MP3 format, an array of compression intensities can be programmed. To take an example, an MP3 made with 128 Kbit compression intensity will have enhanced sound reproduction quality and bigger file size compared to a 56 Kbit compression, hence indicating that lesser the compression intensity, the lesser the reproduction of sound quality. (What is MP3, How does it work, what is (MPEG)
This accounts for growing acceptance of the MP3 format music files with the Internet devoted music enthusiasts since it is the perfect medium for receiving music files through the Internet compared to WAV/AIFF files with takes much longer time to get downloaded. (What is MP3, How does it work, what…… [Read More]
Commonwealth v. Berkowitz (1992)
Q1. Explain how the court came to the conclusion that the Pennsylvania rape statute required extrinsic force.
According to Pennsylvania law, rape may occur either by “forcible compulsion” or the threat of forcible compulsion which “would prevent resistance by a person of reasonable resolution” (“Commonwealth v. Berkowitz”). The Pennsylvania court interpreted this wording as meaning that direct, extrinsic force or the threat of such force was required for an act to constitute sexual assault.
Q2. LIST all the facts relevant to deciding whether Roberts Berkowitz’s actions satisfy the extrinsic force requirement.
Berkowitz pushed the victim down on his bed, straddled her, and ignored her statement that she wanted to meet her boyfriend and leave his room. When he lifted up her shirt and bra, the victim clearly said, “No.” Berkowitz then unzipped his pants and attempted to put his penis in the victim’s mouth. She verbally…… [Read More]
Ethical and Legal Issues Depicted in the Movie, John Q?
From beginning to end, "John Q" is a movie full of moral and ethical quandaries. It offers viewers a clear glimpse at private and public entities' obligation to engage in ethically-right routine decision-making for their respective communities. John lacked the required health insurance to cover his son's cardiac surgery expenses. The Hope Memorial Hospital, electing not to play a "Good Samaritan," does not agree to perform the surgery without being assured payment. Thus, John is faced with the moral quandary of accepting fate and readying for the funeral of his son (as suggested by Rebecca Payne, the Hospital's administrator), or somehow procuring the money needed. Given the urgency of his son's case, the second option is rather daunting. Ultimately, John ends up holding emergency room patients and staff members hostage, to ensure his son is catered to (angura, 2011).
Another…… [Read More]
camera was climb Mt. Fuji. Climbing Mt. Fuji is a lesson in determination and moderation. It would be fair to ask if I took the moderation part to heart." (Leibovitz and DeLano 1) -- Annie Leibovitz
Annie Leibovitz, born on October 2, 1949 in aterbury, Connecticut, is an American portrait photographer whose career has lasted over the decades beginning with Rolling Stone magazine in 1970. In just three short years, her stint in Rolling Stone magazine led her to her first position as chief photographer of Rolling Stone that she kept for a decade. She was the working force behind the Rolling Stone look and the rise of the magazine in the late seventies and early eighties.
How was she able to accomplish such a feat? It is in the way she connects with her subjects. She desires to open their souls, hearts, and lives to the camera. This intimate…… [Read More]
GAAP is a set of specific common guidelines, provided by the institutions such as the Financial Accounting Standards oard, the American Institute of Certified Public Accountants and the Securities and Exchange Commission, about "acceptable accounting practices"
These acceptable practices should not necessarily be regarded as a set of ground rules. In fact, it is a common denominator, useful when foreign firms, especially auditing companies, proceed to financial verifications. The GAAP provide for an easier task from the auditing companies and anybody else who interprets the financial statements.
In the case of Legal Plan Services, the GAAP guidelines will provide the necessary information that will permit a common evaluation, a common ground on which revenue and expenses can be considered. esides being interpretable by more than one side, the GAAP guidelines are, in this case, rules which allow for the company's accounting methods to be understood by others and would permit,…… [Read More]