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Clara and Charles are seeking to file a lawsuit against the former fiance of Clara, Derek, to whom they accuse of breaching the marriage contract before the execution of the agreement. According to Clara, she and her father Clark have suffered from serious financial and emotional damages because of the ignorant and irresponsible attitude of Derek. Clara claims that she has extensively spent money for the preparation of their wedding and was emotionally involved in the whole business. However, the act of deceit by Derek has not only brought her to damages through financial as well as emotional means but she has suffered from humiliation and embarrassment within her social circle and the sole responsibility of this degradation is on Derek. In addition to this, there is another party who has similar charges against Derek, Clara's father Charles.
Charles accuses Derek of bringing financial losses to him and…
(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order:
(1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or (2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
This issue as to whether a police officer is entitled to a special defense regarding law enforcement officers is questionable. Since the Defendant was leaving his home to going to work and was late, it could be said that he was still off-duty. The defense section of the code states that a police officer is only entitled to use physical force in conjunction with carrying out his…
The adverse effect on the employee must be subjective, as well as objective. Not only must the employee suffer from the harassment, but it is also required that a reasonable person in the shoes of the employee would likely have suffered from such conduct." Id. At 84. hile the Dupont case involved a sustained, systematic history of abusive behavior, the Court also found that if the behavior was extreme enough, a finding of a hostile work environment was justified. In the case of ABC, the company should anticipate that Matthew's quid pro quo demand of Jane will be seen as severe conduct, even without other instances of harassing behavior towards females.
The final element requires a basis for holding the employer liable. Similar to the federal standard created by Faragher, Dupont requires that an employer fail to take prompt and adequate remedial measures, after receiving actual notice or constructive notice…
Castleberry v. Chadbourne. 810 So. 2d 1028. Florida 1st DCA. 2002. Print.
Speedway Superamerica. LLC, v. Dupont. 933 So.2d 75. Florida 5th DCA. 2006. Print.
Faragher v. City of Boca Raton. 524 U.S. 775, 118 S.Ct. 2275. U.S. Supreme Court. 1998. Print.
Harris v. L & L. Wings, Inc. 132 F.3d 978. U.S. Court of Appeals, 4th Circuit. 1997. Print.
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…
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.…
Deloitte (2019). 1.0 Investment Climate. Retrieved from https://www2.deloitte.com/content/dam/Deloitte/cn/Documents/international-business-support/deloitte-cn-csg-a-guide-to-investing-in-mexico-2019-en-190428.pdf
Department of Justice (2020). Foreign Corrupt Practices Act. Retrieved from https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act
Gomez, O.D. (2018). Labour and Employment Compliance in Mexico. New York, NY: Wolters Kluwer.
Graycar, A. (2020). Handbook on Corruption, Ethics and Integrity in Public Administration. Northampton, MA: Edward Elgar Publishing.
Human Rights Watch (2020). Mexico Events of 2019. Retrieved from https://www.hrw.org/world-report/2020/country-chapters/mexico
Stuart, O. (2018). How Will the Shift from NAFTA to USMCA Affect the Auto Industry? Retrieved from https://www.industryweek.com/the-economy/article/22026500/how-will-the-shift-from-nafta-to-usmca-affect-the-auto-industry
U.S. Equal Employment Opportunity Commission – EEOC (2020). Employee Rights When Working for Multinational Employers. Retrieved from https://www.eeoc.gov/laws/guidance/employee-rights-when-working-multinational-employers
U.S. Department of State (2019). U.S. Relations with Mexico. Retrieved from https://www.state.gov/u-s-relations-with-mexico/
This memorandum is an analysis of the P&E issues raised by proposed legislative changes regarding criminal sexual behavior, as well as so-called "vices" and other related conduct. The purpose of this analysis is to define a coherent set of public policy objectives characterizing all legislative changes supported by the Fictitious State Governor's Office.
Upgrading penal classification of Solicitation/Prostitution misdemeanors and increasing sentences and fines associated with all Solicitation/Prostitution felonies.
This committee does not recommend enacting any of the proposed penal upgrades across the board as set forth. We recommend re-evaluating current "vice" policy regarding violations of existing
Solicitation/Prostitution statutes in order that funds for law enforcement and prosecution efforts be redirected and channeled more specifically toward violations that most affect "quality of life" issues for lawful citizens of Fictitious State.
Both anecdotal evidence and documented statistical information available from the seventeen counties in Nevada where prostitution…
Statement of Facts
The prospective plaintiff wrote a novel a year ago on her home computer. She then distributed 100 copies to acquaintances and agents, but without a copyright notice attached. Yesterday she discovered a recently published novel that appeared to have plagiarized her work and is considering a lawsuit.
For a writing to be eligible for copyright protection the work must be original, which the courts and the U.S. Copyright Office have interpreted to mean an independent work that did not rely on the work of others to create. For example, students who complete an essay exam own the copyright to their answer if the work is original. Copyright protection is in effect as soon as the page is inked or the keystrokes captured by the software program. Based on the facts of this case the plaintiff wrote a novel and the work is therefore assumed to…
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…
Hoffman v. Jones, 280 So.2d 287 (Fla. 1977)
Bessett v. Hackett, 66 So. 2d 694 (Fla. 1953)
Restatement of Torts (Second) §463
Prenegotiation Memorandum (pm)
Re: Tamarack, MN and Twin Lakes Mining Company
Twin Lakes Mining Company
The Twin Lakes Mining Company (hereafter known as 'company') makes significant contribution to Tamarack, Minnesota - employing 21% of the residents, providing 33% of the total real estate tax base - and is considered an integral entity to the town's longevity. The city needs Twin Lakes to maintain the current standard of living the residents enjoy.
The City of Tamarack
The city operates on a zero deficit per annum decree. Twin Lakes Mining Company has directly caused some of the need for improvements concerning water quality, air quality, and effluvia and pollution management. The city also relies upon the heavy property taxation to provide economic, culture, and recreation services to the community. Twin Lakes Mining Company does not need the City of Tamarack (hereafter known as 'city') to continue operations in…
Determine whether Mr. Ebersol was guilty of shoplifting. If Mr. Ebersol was guilty of shoplifting, determine what he can expect his punishment to be.
Mr. Ebersol purchased a flathead screwdriver from the hardware store on Saturday, but purchased a Phillips head screwdriver by mistake. Mr. Ebersol returned to the store with the intention of purchasing screws for his new screwdriver. When he discovered that the hardware store was out of flathead screws, Mr. Ebersol left the flathead screwdriver on the counter and left the store with a Phillips head screwdriver in his pocket. Mr. Ebersol was detained, interrogated for 2 1/2 hours, and released with shoplifting charges against him.
(1) Is Mr. Ebersol guilty of shoplifting?
(2) If Mr. Ebersol is guilty of shoplifting, what can his expected punishment be?
(1) Mr. Ebersol is not guilty of…
Tax esearch Memorandum
From: Tax Accountant, CPA
You incurred $15,000 of educational expenses over the past year in pursuit of your MBA, part of your professional development as a practicing egistered Nurse and nursing administrator. Your employer does not offer an educational expense reimbursement program, and you wish to claim these educational expenses as business expenses in order to claim greater tax deductions. You have worked in numerous administrative positions in your capacity as a nurse, and feel that the pursuit of an MBA was a clear part of your career development.
The only issue is whether or not the education you received at the expense of $15,000 can be deemed work-related education as defined and applied by the IS, which recognizes such expenses as business expenses for employees. If the education can be deemed work-related according to IS rules and definitions, the deduction of the…
IRS. (2011). Tax Benefits for Work-Related Education. Accessed 25 March 2012.
Tax Court. (2009). T.C. Summary Opinion 2009-182. Accessed 25 March 2012.
Interoffice Memorandum of Law
Case: Joe Lee Simmons, Appellant v. State of Texas, Appellee
Docket number: 01-07-00543-C
Office file number
e: Issue  was there evidence of possession of cocaine weighing four or more grams but less than 200 grams given the evidentiary requirements of TEX. CODE CIM. POC. § 38.35(d)(1);  the validity of a motion to suppress based on the officer's failure to report all offenses committed in his jurisdiction to the magistrate, as required by TEX. CODE CIM. POC. § 2.13(b)(3); and  the sufficiency of an indictment under TEX. CODE CIM. POC. § 28.10.
The appellant contends that the trial court erred in admitting the testimony of the State's forensic chemist, who performed a chemical analysis on the controlled substance found in appellant's shirt pocket, because the chemical analysis was not accredited at the time of the analysis; appellant challenges the trial court's denial of…
TEX. JUR. 3d § 23 Sufficiency of Indictment (2006).
It is the appellant's responsibility to show error on appeal, and if the record fails to show error, then it should be assumed that the trial court acted correctly.
"It is generally presumed on appeal that the court ruled correctly and that the appellant must show error" (Hall v. State, 829 S.W. 2d 407, 410-411).
"It is appellant's burden to not only preserve the alleged error for review, but to present a record of the alleged error sufficient for us to review it and determine if it was error and if so whether the defendant was harmed" (Montoya v. State, 43 S.W.3d 568, 572).
Although Cad Mex Pharma has its patent rights reserved under protection act of Trade elated International Property ights (TIPs) for 20 years ("Agreement on Trade-elated Aspects of Intellectual Property ights") but TIPs also allow government to enforce compulsory licensing under health emergency (World Trade Organization: "Compulsory Licensing of Pharmace"). Now choice of law humbug anything against Candorean government and the TIPs health emergency clause will affix more political pressure on Cad Mex Pharma. So if Cad Mex Pharma takes legal action that could result into Gentura's bankruptcy via employing binding arbitrator and otherwise Cad Mex Pharma can take no legal action and demand marketing rights in another drug. Former option is not recommended as it leads to loose- loose situation and relations with Candorean government would be blemished and as per latter option unwillingness has been witness from Gentura side (Graham Matthew, Sep 2005). Leaving behind only option of claiming…
1-Agreement on Trade-Related Aspects of Intellectual Property Rights: Article 14, para 5. http://www.wto.org/English/docs_e/legal_e/27-trips.pdf
2- S. Mithra: Binding Arbitratory. http://www.wisegeek.com/what-is-binding-arbitration.htm
3- Intellectual property (TRIPs) - Compulsory Licensing of Pharmace: World Trade Organization
This is a reasonable element of consideration to be pointed out, because many of the people holding public office and performing public service in the District of Columbia are lawyers, who have varying and extensive careers in law. By reason of this, they do reasonably come together and throughout the course of their legal education and careers become friends and, or, acquaintances. They are often, by virtue of their profession and by virtue of the affluence that often accompanies the rise to power, found to be in the same social circles in support of charity, or in the pursuit of continuing legal education, areas of interest, and, yes, recreationally too.
To abandon these relationships because one has been appointed to a particular office is an unreasonable request, and a practice that would actually cause the relationship to receive an unnecessarily amount of scrutiny. Nor is it any secret, as Justice…
So while the case study contains both elements that Justice Scalia cites as being elements for recusal, the recusal of both Justices Smith and Jones leaves intact the integrity of the intended majority in the decision making process.
The two elements, as Justice Scalia cited them, specifically and unquestionably apply to the case study as elements in support of recusal. The case study specifically meets not just the first, and probably more obscure of the two criteria, but specifically and wholly the second criteria because the action of appealing the NY Court of Appeals decision is in fact an action by, taken by, the incumbent whose relationship with both Justices meet the first element.
The conditions of the case study are much like those in the case in which Justice Scalia did in fact recuse himself. See Elk Grove Unified School District v. Newdow, 540 U.S. _ (cert. granted, Oct. 14, 2003) (p. 4).
H epresentative Memorandum / Twitter: H Memorandum
From: Mr. Brown
e.: Addressing Emotions in the Workplace Culture at Twitter
I wish to make a number of suggestions in connection with handling emotions at the workplace, which, in my view, we must be aware of. One of my biggest concerns is the way we have dealt with the latest situation involving one of our employees, Aria Perkins. Unless I haven't gotten to know of any additional documentation or information with this regard, my chief issue is with Perkins' supervisor, by whom she was warned against expressing any sort of negative emotion, whether nonverbally or verbally. I feel a grievous mistake has been committed here, which needs urgent remediation. This directive hasn't been given to any other staff member, as far as I know, and may be regarded as a case of incongruous, unequal treatment. The employee in question may consider this…
HG Experts. (2015). The Employment Discrimination Law. Retrieved from http://www.hg.org/employment-discrimination-law.html on 2nd January, 2015.
Liptak, A. (2011). Justices Rule for Wal-Mart. The New York Times. Retrieved from http://mobile.nytimes.com/2011/06/21/business/21bizcourt.html?referer= on 2nd January, 2015.
Nolo. (2015). The Equal Pay Act: Equal Pay for Women. Retrieved from http://www.nolo.com/legal-encyclopedia/equal-pay-act-women-30153.html on 2nd January, 2015.
Price, R. (2015). A Former Twitter Employee Is Suing the Company for Gender Discrimination. Retrieved from http://www.inc.com/business-insider/twitter-is-suing-the-company-over-gender-discrimination-allegations.html on 2nd January, 2015.
University has offered its professor $200,000 in order to relinquish tenure and resign. In particular, the aspect to consider is the tax consequence of such compensation. The professor's standpoint is that tenure should be treated as an intangible capital asset, and relinquishing tenure ought to be a long-term capital gain. The main tax issue in this case is whether the relinquishment of tenure encompasses a sale or interchange of a capital asset, which qualifies to be treated as long-term capital gains or should it be treated as ordinary income. The paper will look at cases that have addressed this issue and come up with different ways in which this issue should be treated.
This particular issue was directly addressed in the Foote vs. Commissioner case. The ruling made by the taxation court implied that the tenure does not classify as a capital asset and therefore the relinquishment of tenure by…
Everett, J. O., Raabe, W. A., & Gentile, J. (2005). Tenure Buyouts: The Case for Capital Gains Treatment. The ATA Journal of Legal Tax Research,3(1), 78-9.
Leagle. (2016). Merrill J. Foote v. Commissioner, 81 T.C. 930 (1983). Retrieved 10 July 2016 from: http://www.leagle.com/decision/1983101181betc930_1955/FOOTE%20v.%20COMMISSIONER#
In Italy, the local marketing approach would also emphasize the authentic nature of the environment except that local marketing would be less explicit and devoid of specific references in that regard. Instead, it would attempt to present services, menus, and other accoutrements in a manner that would allow local customers to come to their own conclusion that the hotel provides a highly authentic Italian experience.
This exercise was extremely valuable to the study of Human Resource Management issues. Prior to this exercise, it would not have occurred to me how important local customs in a foreign country might be from the perspective of human resource management and the potential for civil liability to American employees working abroad. The exercise also provided an opportunity to make an important decision based on the comparative potential risks and rewards of two alternate courses of action.
From the perspective of marketing in…
In that regard, illicit drug use, even during non-working hours, undermines our corporate interests of minimizing mistakes and maximizing output volume. Apart from any other reason, implementation of a drug testing policy is essential to maintaining the highest quality performance and output of all TI employees, particularly in the prevailing economic climate.
Personal privacy principles in the workplace are substantially less than elsewhere as a matter of law. Employers have a legitimate concern with prohibiting any illegal employee conduct, especially any that is associated with declining quality or productivity. Recreational use of illicit drugs conflicts directly with TI corporate commitments to provide the highest quality work and to maintain optimal efficiency and work output. Therefore, it is respectfully requested that the issue of employee drug testing be reconsidered in view of all the issues relevant to that concern.
Brecher, E. (1991). Licit & Illicit Drugs. New York:…
Brecher, E. (1991). Licit & Illicit Drugs. New York: Little Brown & Co.
Friedman, L. (2005). A History of American Law 3rd Edition. New York: Simon & Schuster.
Halbert, T., Ingulli, E. (2000). Law & Ethics in the Business Environment 3rd ed. Cincinnati, OH: West Legal Studies
Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
New York Court of Appeals
The Honorable Jenny Rivera
African Diaspora Case
Should the court should affirm the appellate court's decision and reject summary judgment in favor of GYYC? Answering this overriding question requires examining whether the parties entered into a contract, but the issue of whether the contract was breached is a factual issue, which should be solved at trial, not through the summary judgment process. There are four issues related to whether or not the parties' actions formed a contract. First, is the Protocol an offer or, instead, a solicitation for an offer? If the Protocol is an offer, what are the terms of the offer? How does the Protocol evidence an intent by GGYC to be bound? Bound to what? If the Protocol is an offer, how can the offer be accepted? Has ADM accepted the offer? hat is the consideration in the contract alleged by ADM?…
African Diaspora Maritime Corp. v. Golden Gate Yacht Club, 109 A.D.3d 204 (2013), Majority & Dissenting opinions
African Diaspora Maritime Corp. v. Golden Gate Yacht Club, 38 Misc.3d 1214 (N.Y. Co. 2013),
Opinion of Justice Kapnick
Sargent v. N.Y. Daily News, L.P., 42 A.D.3d 491 (2d Dep't 2007)
This firm's client, Franklin Olsen ("Olsen") was arrested and subsequently charged with burglary of the home of Lindsay Young ("Young"). Young informed the police that she had found Olsen in her home on October 15, 2010, at dusk and observed Olsen for approximately one minute prior to his leaving the property. Young described Olsen as being dark haired, wearing all black clothing and being extremely tall. At that time that Olsen was taken into custody.
Young was asked to make identification of the suspect to the burglary in a police lineup. Olsen was one of six white males in the police lineup and had an attorney present to represent him. All the participants in the lineup other than Olsen were between 5'8: to 5'10" in height and all wore clothing that was light in color however, Olsen was instructed to wear all black clothing. Olsen was additionally the only…
Summer Law Program
The author of this response has been given the opportunity to give some feelings and a response to why it is the author's desire and intent to attend the summer law program. Those reasons are numerous and will be discussed one by one. The program would be a major and exciting challenge for the author of this request and response and the author will now detail why that is believed to be the case.
First of all, the author of this response understands that the summer law program will be rigorous and difficult in nature. It is understood by the author of this response that he rigors to be endured and experienced will very much mirror and reflect those that will be experienced when the remainder of law school is under way. The author understands that the summer law program is meant to resemble and manifest the…
election of George W. ush over Al Gore in 2000, who won the electoral vote in spite of losing the popular vote, rekindled a controversy that has been going on for some time now: has the Electoral College mechanism lived its time?
According to the United States constitution, each state is entitled to choose its electors for president and vice-president as a number equal to the total number of representatives and senators the respective state has. The choosing itself is left to the states, by direct popular vote in each state. If the voting for President is a tie, the Constitution specified that this would be decided upon in the House of Representatives. In the initial way the Electoral College was designed by the founding fathers, the winner of the majority of electoral votes would win the election and become president, while the runner-up would become Vice-President. Of course, it…
1. Rohwer, Luis Fuentes; Charles, Guy-Uriel. THE ELECTORAL COLLEGE, THE RIGHT TO VOTE, AND OUR FEDERALISM: A COMMENT ON A LASTING INSTITUTION. FLORIDA STATE UNIVERSITY LAW REVIEW. Vol. 29. 2001
2. Polsby, Nelson W.; Wildavsky, Aaron. Presidential Elections Strategies and Structures of American Politics. 10th edition. 2000
3. Ross, Tara. The Electoral College: Enlightened Democracy. Legal Memorandum #15. November 2004. From Longley, Lawrence D.; Peirce, Neal R. The Electoral College Primer (1999). On the Internet at http://www.heritage.org/Research/LegalIssues/lm15.cfm
Ross, Tara. The Electoral College: Enlightened Democracy. Legal Memorandum #15. November 2004. From Longley, Lawrence D.; Peirce, Neal R. The Electoral College Primer (1999). On the Internet at
Kathleen Blanco, the first woman governor of Louisiana; she is known for her policies in making education better throughout the south and is also responsible for passage of the nation's largest investment in education ("Governor's Information," 2004). Along with this, she has made investments in technology infrastructures which have led to the forward push of economic development and increased Louisiana's ability to compete for new jobs. This attracted almost $24 billion new investments and 35,000 new jobs in the span of only three years. Her commitment towards children also helped the expansion and access to health insurance for children throughout Louisiana ("Governor's Information," 2004). Additionally, she successfully overhauled Louisiana's state correctional system and designed a nationally-recognized model of excellence in juvenile justice. Blanco has succeeded in a number of her endeavors towards making Louisiana a better place; however, like every other political leader, she did not always have…
Governor's Information: Louisiana Governor Kathleen Babineaux Blanco. (2004). National Governor's Association. Retrieved from http://www.nga.org/portal/site/nga/menuitem.29fab9fb4add37305ddcbeeb501010a0/?vgn extoid=55bc224971c81010VgnVCM1000001a01010aRCRD
Hornett, A., & Fredricks, S. (2005). An empirical and theoretical exploration of disconnections between leadership and ethics. Journal of Business Ethics, 59(3), Retrieved from http://www.jstor.org/stable/25123556
Roig-Franzia, M. & Hsu, S. (2005) Many evacuated, but thousands still waiting. The Washington Post. Retrieved from http://www.washingtonpost.com/wp - dyn/content/article/2005/09/03/AR2005090301680.html
Resick, C.J., Hanges, P.J., Dickson, M.W., & Mitchelson, J.K. (2006). A cross-cultural examination of the endorsement of ethical leadership. Journal of Business Ethics, 63(4), Retrieved from http://www.jstor.org/stable/25123717
Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).
If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…
Friedman, L.M. (2005). A History of American Law. New York: Touchstone.
Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.
Cincinnati, OH: West Legal Studies.
Joe Lee Simmons
Statement of Facts
he client in this matter has already faced charges in the trial court where he was convicted of possession of a controlled substance, and had his conviction affirmed by the Court of Appeals. At the present time, a decision must be made as to whether there is any basis for pursuing further appeal. If it is determined that a further appeal is justified, the next action that must be taken is to file a petition for discretionary appeal with the exas Supreme Court.
Simmons was stopped and subsequently arrested for littering on the Houston public streets. Pursuant to his arrest, a routine protective search was conducted by the arresting officer during which a small bottle was found in the defendant's shirt pocket. As a result of the search, the defendant was also arrested for possession of a controlled substance for which he eventually stood…
Tex. R. App. P. 33.1 (a)(1).
Tex. Code Crim. Proc. Ann. art. 2.13(b)(3) (Vernon 2005).
Tex. Code Crim. Proc. Ann. art 38.35 (d)(1) (Vernon Supp. 2008).
So your wife can renounce the business given to her and then pass it without gift tax to the children. Disclaimers must be made within 9 months of the death of the first decedent if they are to avoid gift tax. An appropriate disclaimer may also be a very effective tool to assist in a poorly written estate plan.
7. JOINTLY HELD PROPERTY:
The joint tenancy form of ownership could result in many unintended and unfavorable consequences. For example, the entire property is usually subject to attachment by a creditor of any one of the joint tenants. There are also significant estate, gift, and income tax problems that are created from joint tenancy. If not given attention and consideration as part of a comprehensive estate plan, holding property together as a couple, can create bad results in terms of overpaying taxes.
Explanation: Solely half of the value of property held…
The purpose of this memorandum is to inform the new company wide change of policy in monitoring employees. This information is a company directive and is expected to be followed and adhered to starting on today's date.
Recent developments in technology have made our jobs and tasks easier in many aspects. The internet, mobile, communication and social media are great tools that should be taken advantage of when the situation depends. However, this way of conducting business and relying on technology has some drawbacks as well. It has been learned from the Executive Leadership Branch of this company that nearly 1.5 hours of the work day are at risk from employee distractions related to emails, online browsing and phone calls.
Management will now be responsible for monitoring all employee's emails and phone calls. This will be done not for acquiring personal information, rather to discover work-related violations and…
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior to the introduction of this law. This is a relatively new law; the need for it was identified in 2009 after a Productivity Commission reviewed existing consumer protection laws and found glaring inconsistencies, which made it difficult, if not impossible, to enforce those laws that did exist.
Perhaps the greatest change to the law is that the ACL is now a strict liability law. Strict liability "means that a breach may be committed without negligence" (The FindLaw Team, 2012). In…
Australian Competition & Consumer Commission. (2012). Overview of the Trade Practices
Act: Consumer protection provisions. Retrieved April 13, 2012 from Commonwealth of Australia website: http://www.accc.gov.au/content/index.phtml/itemId/788555
Australian Consumer Law: Memorandum of Understanding. (2010). Retrieved April 13, 2012
from Australian Consumer Law website: http://www.consumerlaw.gov.au/content/the_acl/downloads/acl_mou.pdf
Business Organization Coursework:
Mary and Joseph, stakeholders in Kings plc, are concerned about the company's management practices by its current directors. One of these recent practices includes the desire by these directors of Kings plc, which owned a hotel, to acquire two additional hotels. As a result, these directors created a subsidiary company for the sole purpose of acquiring the two hotels. In this new development, Kings plc could only acquire few shares of the new subsidiary whereas the directors and the company solicitor purchased the majority of the new subsidiary's shares. Therefore, the new subsidiary was eventually sold and the directors made significant profits. However, the shareholders of Kings plc i.e. Mary and Joseph want to know whether the directors were legally entitled to carry out such practices. These shareholders are specifically concerned with the legality of the directors' actions and the relevant legal sanctions against the directors, which…
Birds, J & Boyle, A.J 2011, Boyle and Birds on company law, 8th edn, Jordan's Publishing, St.
Thomas Street, Bristol.
Dignam, A 2011, Hicks and Goo's cases and materials on company law, 8th edn, Sweet & Marxwell, Avenue Road, London.
Hannigan, B 2012, Company law, 3rd edn, Oxford University Press, Great Clarendon Street,
damages is whether or not there is a contract that has been breached. Under Texas law, a plaintiff must be establish four elements in order to prevail on a breach of contract clam. The four elements are: 1) the existence of a valid contract; 2) performance or tendered performance by the plaintiff; 3) breach of the contract by the defendant; and 4) damages sustained by the plaintiff as a result of the breach (Valero Mkfg. & Supply Co. v. Kalama Int'l. LLC).
The best evidence available for the plaintiff in establishing a possible breach of contract action is the loan commitment letter issued on March 31, 2005. The letter in question sets forth all the terms and conditions but, unfortunately, it also included a new term of which the plaintiffs were not aware. Additionally, the bank's employee, Max Brandt, assured the plaintiffs that compliance with the new term was not…
Gaughan, Patrick A. Measuring Business Interruption Losses and Other Commercial Damages. Hoboken, NJ: Wiley Publishing, 2009.
Valero Mkfg. & Supply Co. v. Kalama Int'l. LLC. No. 51 S.W.3d 345, 351. Texas Ct. Of Appeals. 2001.
Awareness about psychology behind domestic violence has been greatly enhanced in recent years, as have legal protections for victims. However, the courts' major decisions on domestic violence cases have been somewhat equivocal. For example, in the case of Castle ock v Gonzales, the abused woman filed a complaint against the police department, arguing that it violated her right to Due Process when "acting pursuant to official policy or custom" the police "failed to respond to her repeated reports over several hours that her estranged husband had taken their three children in violation of her restraining order against him. Ultimately, the husband murdered the children" (Castle ock v Gonzales, 2012, Cornell). In the case, the woman had a restraining order against her husband, prohibiting him from coming near her or her children. However, ultimately the court did not find favor with the defendant since a restraining order is not a property…
Castle Rock v Gonzales. (2012). Cornell University Law School. Retrieved:
Hiatt, Heidi. (2011). Landmark domestic violence legislation: Tracey Thurman vs. Torrington,
CT. Time's Up. Retrieved: http://timesupblog.blogspot.com/2011/10/landmark-domestic-violence-legislation.html
Liability of a Negligence
From: Smith & Associates LLP
Seeking Legal Advice whether the school has a Potential Liability for a Negligence
DEFINING THE ISSUE
Under N.Y.S.3d 307, does Montauk High School has potential liability for a negligence of supervision of the school student? The issue is to investigate whether Montauk High School can be accused of negligence of the student wounded by the other student.
No, the Montauk High School has no potential liability for Andrew Miller, a 9th Grader because school has already suspended the student out the school, and the incident happens outside the school's premises.
Statement of Facts
On September, 2015, the Montauk High School received a letter from Andrew Miller parents threatening the school a lawsuit. The school wants an advise in order to decide whether the school needs to offer a quick settlement to avoid a legal battle with the…
Law Office Memo. (2015). Smith & Associate LLP.
Arnold, C.W. (2015). Fundamental of Law Practice: Writing, Analysis, Research and Skills. Law Office Memo.
Parental Custody Case
Memorandum for Mother
The issue at hand regards the legal custody of minor child Chastity Bright and whether her mother or father should be her legal custodian.
In the state of Arizona, custody is based on several factors. The wishes of the parents, wishes of the child, child interaction with parents, health of all participants, child's adjustment, parent primarily responsible for care, which parent will allow contact, any duress or coercion attempted, and whether false allegations were raised are to be considered subsequently.
Statement of the Facts
Based on the testimony of the mother, father and minor child, the facts of the case are these. Both the mother and the father want to have primary custody of the child, and the mother has had that custody prior to this trial. The mother has retained promise of a job in another state,…
Arizona State Legislature. (2009). Child custody and visitation. Retrieved from http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25
Owen v Blackhawk. (2003). 1 CA-CV 02-0363.
African-American MOTHES AND THEI DAUGHTES
Ethical Issues in Gumdrop Northern
The Executive Officer, ABC Company
Ethical Issues in Gumdrop Northern
It has come to my attention that the actions and functions of the Gumdrop Northern are not up to standards. The company besides afflicting the American citizens, particularly the military, has lacked a sense of corporate social responsibility to both their employees, customers and the natural environment. Notably, the business world faces the notion of corporate social responsibility in all aspects of business undertakings (Bitektine, 2011). In a wide assortment of issues, corporations get motivation of to behaving in a socially responsible manner. In the contemporary world, corporate businesses focuses on the interest of the society through taking responsibility for the effect of their actions on employees, shareholders, communities and customers in all facets of their operations (Bitektine, 2011).
Nevertheless, this is contrary to what Gumdrop Northern is doing to…
Bitektine, A, 2011, "Toward a theory of social judgments of organizations: The case of legitimacy, reputation, and status," Academy of Management Review, 36: 151 -- 179.
Crouch, C. 2006," Modelling the firm in its market and organizational environment: Methodologies for studying corporate social responsibility. Organization Studies, 27:1533 -- 1551.
Pike, J. (2010). Mine resistant ambush protected (MRAP) vehicle program. Global Security. Retrieved from http://www.globalsecurity.org
Sleeer, J.(2012). Business ethics and stakeholder management: Developing a structured approach for small business owner-managers. New York: GRIN Verlag
First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judging whether commercial speech qualifies for protection under the First Amendment. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction (Bittman, 2012, par.11). In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product.
In the past, the U.S. Supreme Court has allowed censorship of certain types…
The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or criminal justice in college in order to get into law school. Post graduate institutions value intellectual diversity, so applicants with engineering degrees or other specialized academic backgrounds sometimes have an advantage over more "typical" student profiles.
Since applicants' undergraduate performance is part of the admissions equation, college students should concentrate on an area that genuinely interests them, because they are more likely to achieve high GPA's that way, as well.(1)
During the third year of college, aspiring law students take the Law School
Achievement Test (LSAT), a standardized test designed to measure a student's aptitude and chances of successfully completing the Juris Doctor program. The LSAT is more ability-oriented than the…
5. New York Law School Academic Catalog (1983-84) New York: NYLS
6. New York Law School Academic Catalog (2003-04) New York: NYLS
7. Turow, S. One L (1979) New York: Warner Books
fictional firm (RMD) can be able to offer pre-IPO's to investors. This is accomplished by looking at the way various policies can be implemented that is in compliance with the Securities Act of 1933 along with the Securities and Exchange Act 1934. Once this occurs, is when we can be able to see how they can create a unique market that will address this demand from retail and institutional investors.
Over the last several decades, demand for pre-IPOs (initial public offerings) has been increasing exponentially. Part of the reason for this, is because there has been a shift in the focus of investors. As a large number are realizing that they can make significant returns by investing in these companies before they are going public. Evidence of this can be seen by looking at the below table which is highlighting how high investor demand for pre-IPO's had an impact on…
Chinese Wall, (2011), SEC, (available at http://www.investopedia.com/terms/c/chinesewall.asp ) (accessed 22 Dec. 2011)
Dutch Auctions, (2011), Investopedia (available at http://www.investopedia.com/terms/d/dutchauction.asp#axzz1hH90hbx8 ) (accessed 22 Dec. 2011)
Front Running, (2011), Investopedia (available at http://www.investopedia.com/terms/f/frontrunning.asp#axzz1hH90hbx8 ) (accessed Dec. 2011)
The Laws that Govern the Securities Industry, (2011) SEC, (available at http://www.sec.gov/about/laws.shtml#secact1933 ) (accessed 21 Dec. 2011)
The second case highlights how Commonwealth Chemicals Commission officers made a major mistake by not detaining Lucia for further questioning under the Act. This is troubling because she was in possession of the banned chemical, had large quantities of it, was storing it in her house and was importing the chemicals in from South America. These different elements highlight the fact that Lucia could be involved in some kind of terrorist related activity. Where, the raid and subsequent search of the property would provide more than enough information for officers to suspect that she was involved in such activity, based on probable cause. However, because officers did not detain Lucia under the different provisions of the Act, means that the terrorist organization could know that law enforcement is not far behind. At which point, they could change their tactics or plans, to avoid any kind of further disruptions from the…
Acts Interpretation Act 1901 (Cth)
Acts Interpretation Act 1901 (Cth) s 33A 4.
Acts Interpretation Act 1901 (Cth) s 27 (c).
Acts Interpretation Act 1954 (Cth).
Breach of Contract Legal Scenarios
Whether Colossus committed the cause of action known as breach of contract where it declined to pay Lucy for two episodes of John's acting services?
ule: The elements of the cause of action known as breach of contract are a.) Offer, b.) Acceptance, and c.) Consideration.
In this scenario a preexisting contract had been entered into by Colossus and John, and the specific terms of that contract obviously have ramifications on John's decision to amend the payment arrangement. Assuming that no caveats existed in the original contract which would preclude amendments of this nature, John's request to andall -- who was acting on behalf of Colossus for the purpose of these negotiations -- constitutes a valid offer. andall verbally agreed to John's request that two (2) payments of $200,000 each would be diverted to John's mother Lucy on December 20th, 2005, with a written memorandum…
Rule: The elements of the cause of action known as breach of contract are a.) Offer, b.) Acceptance, and c.) Consideration.
Application: In this scenario a preexisting contract had been entered into by Colossus and Laura, and the specific terms of that contract obviously have ramifications on Laura's decision to amend the payment arrangement. Assuming that no caveats existed in the original contract which would preclude amendments of this nature, Laura's request to Randall -- who was acting on behalf of Colossus for the purpose of these negotiations -- constitutes a valid offer. Randall verbally agreed to Laura's request that one (1) payment of $200,000 would be diverted to Laura's bank Dresdner Bank on October 15th, 2005, with a written memorandum signed by both parties providing a secondary form of acceptance. Consideration of the contract occurred when Laura performed acting services for one episode of the show "Pals" within the 2005-2006 season, at which time her duties to Colossus were completed.
Conclusion: Unless Randall and Colossus can prove that Laura failed in her duty to perform for the show, Dresdner Bank's suit against the company for breach of contract is very likely to succeed. A legitimate offer was made by Laura, Randall accepted the offer, both verbally and through his signing of a written memorandum, and Laura's performance
Through policies of systematic discrimination and persecution of national minorities, Serb nationalists indirectly strengthened the radical wing of Albanian nationalist movements. The wing was represented by KSA (Kosovo Liberation Army). Most of the KSA leadership, Hedges writes, has formerly been imprisoned for separatist activities, and many were imprisoned by the Tito's communist government. The KSA's ideological base, Hedges writes, comes from a bizarre mixture of fascist and communist factions. Later in the 1990s, KSA began to receive financial and logistical support from Islamist radical groups in the Gulf States as well.
Hedges argues that KSA initially did not have the support of the majority. The radical group began to garner support after the policies pursued by Ibrahim Rugova have allegedly failed. The continuing mistreatment of Kosovo Albanians by the Serbian state and the inability of the international community to resolve the issue (for example, the European Union's recognition of Yugoslavia…
Hedges, Chris. "Kosovo's Next Masters?" Foreign Affairs 78.3 (1999): 24-42.
Mertus, Julie. "Slobodan Milosevic: Myth and Responsibility." OpenDemocracy (16 March 2006).
Smythe ordered a freezer at that price in that time period, but Lasco replied that it had changed the price to $450. Smythe claimed that Lasco could not change the price. Smythe was correct. Lasco's letter was an offer to Smythe, which specifically stated a period for acceptance. Smythe accepted the terms of the offer within that time period. Therefore, the contract was binding and Lasco had no right to change the terms of the offer.
6. Valley Trout Farms, a merchant, ordered fish food from Rangen, a merchant. Rangen sent an invoice indicating that it would charge a late fee for any unpaid bills. Although Valley did not pay, it also did not object to the late fee. Rangen sued for the unpaid bill and the late fees. Valley's position was that it had not agreed to be liable for late charges and therefore was not liable for the…
In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence, the Government contended that the interference was justified. First, it pursued the legitimate aim of protecting the rights and freedoms of others by ensuring that the facilities provided by a publicly funded employer were not abused. Secondly, the interference had a basis in domestic law in that the College, as a statutory body, whose powers enable it to provide further and higher education and to do anything necessary and expedient for those purposes, had the power to take reasonable control of its facilities to ensure that it was able to carry out its statutory functions. It was reasonably foreseeable that the facilities provided by a statutory body out of public funds could not be used excessively for personal purposes and that the…
ECHR Case Law - Copland vs. United Kingdom European Court of Human Rights - Council of Europe Copland vs. United Kingdom 3 April 2007 Violation of Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Legile Inernetului (2009) Online available at http://www.legi-internet.ro/english/jurisprudenta-it-romania/decizii-cedo/copland-vs.-united-kingdom-echr-case-law.html
Vermeulen, Mathias (2009) UN Special Rapporteur Releases Report on the Role of Intelligence Agencies in the Fight Against Terrorism. 27 Feb 2009. Online available at http://legalift.wordpress.com/2009/02/27/un-special-rapporteur-releases-report-on-the-role-of-intelligence-agencies-in-the-fight-against-terrorism/
Recent Case Law on Asylum and Immigration (2008) Migration Watch.
UK ASYLUM LAW and PROCESS in the human rights law [3.1.6] section of the guide: 3.1.6|1 the IMPACT of HUMAN RIGHTS LAW; and 3.1.6|2 USEFUL RESOURCES (ICAR) 2008. Online available at http://www.icar.org.uk/7013/31-law-and-process/316-human-rights-law.html
However, the woman will have to get the promise in writing. Furthermore, the woman's remedy would not be to force the man to marry her, but to receive compensation for the monetary damages that she suffered as a result of the move.
hile the English Act for the Prevention of Frauds and Perjuries covered the type of agreement just described, it also covered other types of promises made in contemplation of marriage. Perhaps one of the most common of those scenarios was when a woman would allege that a man promised to marry her if they engaged in certain sexual activities. A man who made such a promise might later deny it.
The final type of contract involves those contracts that cannot be completed in less than a year. An example of that type of contract is a contract for a two-year gym membership. A typical contract would provide a…
Huey, Nathan A. "Email and Iowa's Statute of Frauds: Do E-Sign and UETA Really Matter?"
Iowa Law Review 88 (2003): 681-704.
National White Collar Crime Center and the Federal Bureau of Investigations. "IC3 2003
Internet Fraud Report." Internet Crime Complaint Center. 2004. Internet Crime
Problems and risks related to contracted a new company relate both to cost, safety measures and legal liability. The primary consideration is cost, as this is the major problem related to the issue mentioned above. The first requirement for the new company would then have to be a cost that is as close as possible to the price to date charged by Walkers Ausgas before the increase. Being a transport company, safety is also of utmost importance. Hence, it has to be ensured that the new company will deliver a service either of similar or higher quality than Walkers Ausgas. Pricing and quality therefore have to be in optimal balance in order to minimize the risk of legal liability.
pecifically then, the risks include the following:
afety is one of the most important issues at Kingsgrove. Ensuring that proper testing and certification measures are in place minimizes the…
Australian Institute of Petroleum. Petroleum Topic Fact Sheet. Retrieved June 18, 2006 at http://www.aip.com.au/industry/fact_alt_fuels.htm .
Beer, T., Grant, T., Brown, R., Edwards, J., Nelson, P., Watson, H., and Williams, S. (2000). Life-cycle Emissions Analysis of Alternative Fuels for Heavy Vehicles - Stage 1 CSIRO Atmospheric Research Report C/0411/1.1/F2 to the Australian Greenhouse Office, March 2000.
Hill, R. (2000). Converting $12.4 million into Improved Greenhouse Performance. Media Release. Leader of the Government in the Senate. Minister for the Environment and Heritage. August 21, 2000. Retrieved June 18, 2006 at http://www.deh.gov.au/minister/env/2000/mr21aug00.html.
Werner, C. (2006). National Clean Bus Update. Environmental and Energy Study Institute. Retrieved June 18, 2006 at http://www.eesi.org/publications/Newsletters/Clean%20Bus%20Update/March%202006.htm
They point out that if a suspected terrorist gets on a plane and gets off at a place like Copenhagen or Toronto and demands asylum, even if he is not granted asylum, he's pretty much got a safe haven to operate in because he can' be deported or extradited back to where ever he came from. They believe that such lenient 'European' laws create a huge gap in security, which need to be tightened and that human rights conventions such as the Convention Against Torture make it almost impossible for states to gain a reasonable and necessary degree of assurance against devastating attacks in an age of asymmetrical warfare against international terrorists.
Former U.S. officials such as Michael Scheuer, who helped to set up the CIA's rendition program during the Clinton administration, are more forthcoming about commenting on the nature and existence of 'extraordinary' renditions. Scheuer has in different statements…
Begg, Moazzam. "Rendition: Tortured Truth." New Statesman 26 June 2006: 19.
Below the radar: Secret flights to torture and 'disappearance.'" Amnesty International Report. April 5, 2006. February 5, 2008 http://www.amnesty.org/en/alfresco_asset/5d82f002-a2d8-11dc-8d74-6f45f39984e5/amr510512006en.html
Charter, David. "Britain accused on secret CIA flights." Times Online. November 29, 2006. February 5, 2008. http://www.timesonline.co.uk/tol/news/world/article653418.ece
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Office of the High Commissioner for Human Rights. 1987. February 5, 2008. http://www.unhchr.ch/html/menu3/b/h_cat39.htm
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…
Cornell University Law School (2009) "Bill of Rights from Cornell University Law School. United States Constitution. LIT/Legal Information Institute. Online available at: Cornell University Law School. "Bill of Rights from Cornell University Law School
Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights
Sosnov, Leonard N. (nd) Separation of Powers Shell Game: The Federal Witness Immunity Act. Temple Law Review.
UNITED STATES of America, Appellee, v. Norman TURKISH, Defendant-Appellant. United States Court of Appeals for the Second Circuit May 27, 1980 623 F.2d 769. Online available at: http://www.altlaw.org/v1/cases/557484
This option would, however, allow the opportunity to eliminate the issues that stem from the existing policy and incorporate all of our objectives into our new policy.
The third alternative would also require approval from Congress, but would represent a less radical change. Such changes to the law could include bulking up the protections for homosexuals against harassment (in light of the lack of enforcement on the Don't Harass side of the policy); raising the threshold for discharge; the implementation of due process into the discharge process; or changing the discharge status to protect pension and benefit rights in light of a good service record. This alternative may be easier to implement than an entirely new policy because it would leave the homosexual ban nominally intact. This compromise could potentially be more palatable to both Republicans and military leadership.
The fourth alternative would provide a means to gather more information…
Rodgers, Sam. (2006). Opinions of Military Personnel on Sexual Minorities in the Military. Zogby International. Retrieved June 28, 2008 at http://www.palmcenter.org/files/active/1/ZogbyReport.pdf
Lusero, Indra. (2008). Chief Congressional Architect of Military's Gay Ban Ends Opposition to Openly Gay Service. The Michael D. Palm Center. Retrieved June 28, 2008 at http://www.palmcenter.org/press/dadt/releases/chief_congressional_architect_of_militarys_gay_ban_ends_opposition_to_openly_gay_service
Shanker, Thom & Healy, Frank. (2007). A New Push to Roll Back Don't Ask Don't Tell. New York Times. Retrieved June 28, 2008 at http://www.nytimes.com/2007/11/30/us/30military.html?_r=3&adxnnl=1&oref=slogin&adxnnlx=1214709917-GiujWI/uyDJJ85DmeFbEBA
Thompson, Mark. (2008). Don't Ask, Don't Tell Turns 15. Time. Retrieved June 28, 2008 at http://www.time.com/time/nation/article/0,8599,1707545,00.html
Technology and Society
All print media including books, newspapers and magazines are in deep trouble today thanks to new developments in technology, as are traditional methods of classroom instruction and school curricula. To that extent the Internet can be described as a revolutionary invention that has altered and transformed the way information is presented and conceived. Individuals are learning and creating innovative ways to contribute to relevant knowledge at an excessive speed, and the estern world has become dependent on this technology and also more aware of its negative side. hether the technology in our surroundings is causing human beings to become distracted, affecting our communication skills, or making them stupider is a question that has to be addressed.
This memorandum will describe these issues of trivialization and the 'shallow-ing out' of contemporary American culture, most of which are either as deliberately exaggerated and sensationalized as the Internet itself or…
Corey, G. et al. Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning, 2011.
Milliken, J. Brands and Social Media Participation; United Breaks Guitars. Coreographytv, 2010.
Morozov, Evgeny. "Losing Our Minds to the Web." Prospect, June 22, 2010.
The Court rejected Medellin's argument that the President's 2005 Memorandum was binding on state courts. The Court accused the President of attempting to unilaterally converting a non-self-executing treaty into a self-executing one." The government had also claimed that the Memorandum was an exercise of the President's authority to resolve international claims under his executive authority. The Court recognized that this was a long-standing practice, but prior uses of executive authority to settle international disputes had occurred in narrow circumstances, and did not involve the complete setting aside of state law, as the Medellin sought.
In the Medellin v. Texas oral argument, Justice Scalia says, "Usually when we have treaties that are not self-enforcing, the judgment of whether that international law obligation shall be made domestic law is a judgment for the Congress. Congress passes a law to enforce the treaty. " the United States must abide by its international commitments…
Career Service Employees
According to the law, all employees are to be paid for their services, while overtime in all cases is also subject to some sort of compensation, either by means of payment or by means of compensatory leave. The circumstances under which each type of remuneration should occur vary among employee types. What this means is that all employees who offer overtime work should be compensated in some way. The Florida Administrative Code also provides for this type of compensation for various employee types (Martin, 2010). Compensatory leave can therefore be defined as "time off from work in compensation for irregular or occasional overtime work…" (CompesationBL, 2003).
According to the general rules for compensation, the directors' complaints are therefore valid. They are also valide in terms of the Florida Administrative Code (Stutler, 2006). According to Stutler (2006), Special Compensatory Leave can be awarded to Career Service employees in…
Compensation.BLR. (2011). Compensation Management. Retrieved from: http://compensation.blr.com/whitepapers/Compensation/Employee-Overtime/Comp-Time-Future-Possibilities-Current-Realities-/
Martin, D.W. (2010, Dec.) Payroll and Personnel Administrative Processes At Selected State Agencies. State Of Florida Auditor General. Retrieved from: http://www.myflorida.com/audgen/pages/pdf_files/2011-069.pdf
Stutler, D.J. (2006, Jan 19.) Excess Work Hours/Overtime Procedure. Retrieved from: http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/250010005.pdf
Tax esearch Memo
Facts: The situation involving John's deduction under Schedule E. is somewhat questionable. This is because he can show that he has a loss from the property. However, it is unclear what his deductions are or if there are any other properties where he was able to generate passive income. At the same time, he used a real estate management firm to rent the property to possible tenants. He paid them a commission of 35% on all income received. In the last year, they rented the cabin for a total of 9 nights and 12 days. John also spent time at the location accounting for 19 nights and 27 days. On his taxes, John took a $20,000.00 deduction under Schedule E. (Murphy, 2013)
The biggest issue is determining if John was entitled to this deduction. It is obvious that he did not actively manage the selection of the…
2013 Instructions for Schedule E. (2013). IRS.gov. Retrieved from:
Brotman, S. (2013). IRS Audit Red Flags. Sumbrotman.com. Retrieved from:
While the superintendent may feel or even firmly believe that they have covered all of the bases on expenditures and other relevant issues in school budgeting, the failure to connect to other stakeholders throughout the district, who may or may not add to the data that the superintendent has prepared for presentation, is likely to result in some among those stakeholders feeling slighted or ignored and often lead to complicated budgeting which could have been avoided through simply opening the communication channels during this critical process of school administration.
SUMMARY & CONCLUSION
This work in writing has related the various aspects of the school budgeting process which are the responsibility of the school superintendent as well as relating the various concerns of school budgeting and the importance of staying connected to the stakeholders in the community of the school district throughout the entire process of school budgeting. This work has…
Davis, Stephen, Darling-Hammond, Linda, LaPointe, Michelle, and Meyerson, Debra (2005) School Leadership Study: Developing Successful Principals. Stanford Educational Leadership Institute. (SELI). 2005. Online available at: http://www.srnleads.org/data/pdfs/sls/sls_rr.pdf
Joynt, T. (2002, December). School budgeting: Cost cutting through onion layers. The School Administrator. Accessed May 16, 2005 at www.aasa.org/publications/sa/2002/focJoynt.htm
Howley, C. (2003, October). Sustaining small rural high schools. The School Administrator, 9(60), 16-1.
Almack, John Conrad (1970) Modern School Administration, Its Problems and Progress. Ayer Publishing, 1970.
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).
Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.
Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…
Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).
Retrieved from http://www.osc.gov/adr.htm
Altonaga, Honorable Cecilia Marie. (2002, May 04). Federal court judge's practice guide. Retrieved from http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf
American Jurisprudence 2d (1997). St. Paul, MN: Thompson Reuters.
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review during the later part of the nineteenth century, however, by changing the circumstances under which the lack of state court jurisdiction could be found. Even after this shift, federal habeas courts sat not as fact finders but as guarantors of fundamental constitutional rights. (Breuer, 1994)
In 1915, the Court dramatically increased the scope of habeas corpus in Frank v. Mangum, in which the Court held that habeas relief is available whenever the state, "supplying no corrective process,... deprives the accused of his life or liberty without due process of law." The Warren Court continued this shift toward increased availability of habeas corpus in the next phase of habeas litigation after World War…
Breuer, J.R. (1994). Habeas Corpus - Limited Review for Actual Innocence. Journal of Criminal Law and Criminology, 84(4), 943-974.
Hafetz, J.L. (1998). The Untold Story of Non-criminal Habeas Corpus and the 1996 Immigration Acts. Yale Law Journal, 107(8), 2509-2544.
Hammel, A. (2002). Diabolical Federalism: A Functional Critique and Proposed Reconstruction of Death Penalty Federal Habeas. American Criminal Law Review, 39(1), 1+.
Hoffstadt, B.M. (2000). How Congress Might Redesign a Leaner, Cleaner Writ of Habeas Corpus. Duke Law Journal, 49(4), 947.
Contracts Law: Disney World Jurassic Park Amusement ide
The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination. Simpson has argued that he has a wife and three children and that the non-compete agreement should not apply as he has a right to earn a living and this includes anywhere in the United States. Three questions are posed: (1) Is the restriction likely to be found reasonable by a court of law? (2) Does the agreement restrain trade? (3) What change if any would you make to the restrictive wording above for the future?
In answer to…
An Introduction To Corporate Regulation and Standardization (2013) Legal Practitioner. Retrieved from: http://legal.practitioner.com/regulation/standards_9_3_1.htm
Corbin, A. (1919) Conditions in the Law of Contract. Yale Law School. 1 Jan 1919. Retrieved from: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3855&context=fss_papers
Entire Agreement (2013) Contract Standards. Retrieved from: http://www.contractstandards.com/contract-structure/general-provisions/entire-agreement
Glazov, J. (2009) Liquidated Damages In Construction Contracts Part 1 -- What Are Liquidated Damages And Why Have Them. Construction Law Today. Retrieved from: http://www.constructionlawtoday.com/2009/04/liquidated-damages-in-construction-contracts-part-1-what-are-liquidated-damages-and-why-have-them/
Constructive Charge Case
A CASE OF RELIGIOUS DISCRIMINATION?
Mr. Charles Wright, Chief Executive Officer (date)
From: Mr. Terence North, Manager, Elementary Toy Division
Re: Employee Constructive Discharge Claim
Our legal counsel, Atty. Edison Hawks, today informed the undersigned in writing that a former employee, Mr. Alfred Peterson, had filed a claim of constructive discharge against the company. Mr. Peterson resigned last week from his post at our Production Department when our new policy on shift work became effective. He based his complaint on the provisions of Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination against religion. Mr. Peterson alleges that the enforcement of the new policy on shift work is discriminatory in that it requires employees to work on Sundays, which his religion observes as a holy day. Prior to this new policy, production employees worked from Mondays to Fridays only. Attached is…
Business Laws (2013). The civil rights act of 1964. Business Laws.com. Retrieved on February 18, 2014 from http://business.laws.com/sexual-harassment/civil-rights-act-of-1964
EEOC (2014). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity
Commission: U.S. Equal Employment Opportunity Commission. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/statutes/titlevi.cfm
-. Religious discrimination. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/types/religion.cfm
Supreme Court Chief Justices Warren and ehnquist
Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:
The Warren vs. The ehnquist Court
A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices (often called strict constructionism) is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. "Following his appointment in 1953 Chief Justice Earl Warren led the Court into a series of decisions that drastically affected sexual freedom, the rights of criminals, the practice of religion, civil rights, and the structure of political representation. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"…
Byellin, J. (2013). John G. Roberts: Conservative yet apolitical consensus building chief justice.
Legal Solutions. Retrieved from:
Liptak, A. (2012). Supreme Court upholds healthcare law 5-4, in a victory for Obama.
Student accounts will be located behind a proxy server that is part of the university network. It is expected that the websites will be reasonably safe, but there is never a 100% guarantee. Therefore, it is highly suggested that students refrain from posting information that could endanger them and make them a target for phishers and theft.
Personal safety and security is the responsibility of the individual. Students must keep their passwords safe. Do not tell anyone your password. Although, you may think that you can trust someone, you never know. Students should also refrain from posting information such as their social security number, bank account, or credit cared information. They should not publish their personal address or phone number. It is believed that with a few common sense rules, the student's experience can be a safe and meaningful one. However, one must never become complacent because computer crime happens…
FreeFoto.com. Image source. 6 Nov. 2009. < http://www.freefoto.com/browse/99-05-0?ffid=99 -
Galiford, Miles. "The Worst Website Design Mistakes of 2008." Image. Subhub.com. 6 Nov.
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal…
Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).
Borse v. Piece Goods Shop, 963 F.2d 611 (1991).
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).
City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).