1000 results for “Legal System”.
legal system of the United States and business activity.the legal system of the United States, what characteristics of the legal system do you think facilitates business activity? How do these characteristics of the legal system facility business activity?
First of all, we need to consider and discuss the fact that the U.S. legal system has consistently worked towards reducing "regulatory burdens," that is different regulations that tend to make the entire business process longer, more cumbersome and costly. In this sense, we may mention, among the measures that the government has put forth, ensuring that "the overall regulatory framework is as limited or streamlined as possible without comprising public objectives" and an efficient and transparent set of regulations that can be available for everybody interested in starting a business
. It is obvious, in this sense, that the U.S. legal system has efficiently minimized difficulties related to regulations needed when starting a…
Bibliography
1. Improving the Regulatory Framework for SMEs: Streamlining Business Formalization Procedures and Facilitating One-Stop-Services. GFA Holding. On the Internet at http://www.gfa-group.de/gfa_web_standardbeitrag/web_beitrag_2201.html
Improving the Regulatory Framework for SMEs: Streamlining Business Formalization Procedures and Facilitating One-Stop-Services. GFA Holding. On the Internet at
Legal esearch Method
The American legal system comprises trial courts, appellate courts, and supreme courts. Generally, trial courts hear cases first; appellate courts hear appeals filed by litigants who are unsuccessful at the trial court level; and the appropriate supreme courts hear issues appealed from those decisions. The Federal Court of Appeals system comprises thirteen federal circuits based on geography; they hear appeals from state federal courts. Legal research consists of identifying previous decisions dealing with the same legal issues as a particular case, especially cases decided in the same jurisdiction because courts apply the informal concept of stare decisis to them. Decisions of the U.S. Supreme Court are binding on all federal, state, and lower courts. The fundamental research presentation method follows the traditional IAC approach of identifying both the legal issue in the case and the relevant case law, applying that case law to the case, and formulating a…
Reference
Gilbert Law Summaries: Legal Research, Writing, and Analysis 10th ed. (2006).
BarBri Group.
legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually handled in state courts. The state courts in Wisconsin are not allowed to hear cases where the United States is a defendant or where a matter regarding a federal statute is involved. The jurisdiction of the federal courts is highly limited. For the most part, federal courts may only hear cases where the United States is a party, where there is an alleged violation of the U.S. Constitution or federal statute, cases between citizens of differing states where the amount in controversy exceeds $75,000, and all cases involving bankruptcy, copyright, patent, and most maritime law cases. In a…
References
Carp, R. (1990). Judicial Process in America. Washington, D.C.: Congressional Quarterly.
Conant, J.K. (2006). Wisconsin Politics and Government: America's Laboratory of Democracy. Lincoln: University of Nebraska Press.
Mengler, T.M. (1995). The Sad Refrain on Tough on Crime: Some thoughts on saving the Federal Judiciary from the Federalization of State Crime. University of Kansas Law Review, 503-523.
Wisconsin court system
Criminal Justice Agency
The American legal system is very systematic and works amazingly well. It's complicated given its intricacy as its framework is argumentative. The Supreme Court sometimes changes the law as it holds that authority. The Supreme Court decides which laws are to be upheld and which are to be altered. Learning the court system can be a tough ask but not an impossible one. In this research paper, the aim is to break down the American law into layman language. It will start from legal system of U.S. And shift to court systems. Then different kinds of courts will be examined whilst examining their separate duties.
Prelude
The constitution is responsible for the entire American legal system. The American constitution is the ultimate law on American soil. The public is bound by this American constitution as it shapes their actions accordingly. The American public is answerable under the penalty of law…
References
Barak, A. (2008). The Judge in Democracy. Princeton, NJ: Princeton University Press.
Baum, L. (2013). American Courts: Process and Policy. Boston: Houghton Mifflin Co., 2013.
Bonfield, L. (2006). American law and the American Legal System in a Nutshell. Publisher St. Paul, MN: Thomson/West.
Carp, R et al. (2007). Judicial Process in America. Washington, D.C.: CQ Press.
International Criminal Justice Systems Today
The major difference among the model nations regarding the education of the legal actors in the court system is that there are some nations in which education does not play a significant role in the implementation of the actors, whereas in others, stringent educational standards are effected. Thus, there is a wide variation in the form of formal education that is required of those that take place in the court systems of the model nations. In the United States, for instance, virtually anyone who is accused of a crime can operate as his or her own defense attorney -- regardless of what sort of education he or she may or may not have. In cases in which there are co-defendants, it is possible for someone who may have only a high school or middle school education to effectively act as the representing lawyer for others. There…
legal system: Where laws come
The Constitution of U.S. is considered to be the 'supreme law of the country'. It provides the foundation for the American government, and provides the scope for the freedom and rights of all the citizens of the country. (Introduction to the United States Legal System) The Constitution describes the broad arenas wherein the federal government can legislate upon, when the other issues could be left to the scope of control by the state and local government. Hence, even though the federal government has the power to act in myriad arenas, most of the laws are being adopted by state and local governments. (Understanding the U.S. Legal System) Treaties which are being made by the U.S. are the Supreme law of the country and they come under the U.S. Constitution. When a conflict issue arises between a treaty and a federal statute, the one which is…
References
Criminal Law, Law: Divisions and Codes. Retrieved from http://reference.allrefer.com/encyclopedia/C/criminal-classification-of-crimes.html Accessed on 1 June, 2005
Criminal Law. Retrieved from http://encarta.msn.com/encyclopedia_761557653_3/Criminal_Law.html Accessed on 1 June, 2005
Introduction to the United States Legal System. Retrieved from http://tenant.net/Court/Legsystm/uslawsum.html Accessed on 1 June, 2005
Survey of Criminal Justice: Chapter Four -- Crime. Retrieved from http://www.iejs.com/Survey_of_CJ/CH04.htm Accessed on 1 June, 2005
English Legal System and the European Courts
The English Legal System is the product of an evolution of a body of laws that has been developed since the 11th century to present day. This body of law includes many organs or institutions that have been mimicked in other nations' legal systems, including the United States. The key legal institutions that make up the English Legal System include Parliament, the Courts, and the Executive institution, which is made up from the largest party in the House of Commons. (Gillespie, A., 2010) These three individual organs of the legal system are balanced against each other, similar to the way that the Judicial, Executive, and Legislative branches are in U.S. law. However, in the English Legal System, the Parliament wields the legislative power under an unwritten British Constitution. Also, the British did not believe in complete separation of powers like the framers of…
Works Cited
English Supreme Court. (2011). "The Supreme Court and Europe." Accessed on ESC Homepage
September 29, 2011. < http://www.supremecourt.gov.uk/about/the-supreme-court-and-europe.html>.
Gillespie, A. (2010). "The English Legal System." IALS Conference Transcripts. Leicester. Pp.
259-264.
America Legal System and Personal Peace and Security
American Legal system and personal peace and security
The American legal system generally was formulated with particular functions in mind. It is important to note that there is not a single legal system in the world that was put up to deny the citizens of that particular country peace and security. All legal systems even among the remote democracies and civilizations are geared towards giving peace to the occupants of that land. Indeed most of out laws are extracted from the principles of law of natural justice. The natural justice demands that every person is treated fairly in a bid to maintain the cosmic balance and tranquility.
The laws of the U.S.A. can be summarized as meant to serve the following purposes generally according to Messick (2011);
(a).
Deter Wrongful Conduct: since human beings tend to fear when a prohibition is placed such as taking consequences of…
References
Lectric Law Library, (2011). Fourth Amendment (U.S. Constitution). Retrieved March 21, 2011
from http://www.lectlaw.com/def/f081.htm
Messick, R., (2001). Key Functions of Legal Systems with Suggested Performance Measures.
Retrieved March 21, 2011 from http://siteresources.worldbank.org/INTLAWJUSTINST/Resources/legaltoolkit.pdf
Smilla's Sense Of Snow:
An icy reflection of the prejudice of the Danes against native Greenlanders
The protagonist of Peter Hoeg's thriller Smilla's Sense of Snow is a product of a union between a native 'Greenlander' or indigenous person and a wealthy Danish doctor. Although the plot of the book is ostensibly a murder mystery it is just as much about Smilla's struggle for her identity. Smilla embarks upon her detective 'quest' partially because she believes a fellow 'Greenlander' named Isaiah Christiansen has been murdered. Although Isaiah was only a child of six, Smilla identifies with the boy's sense of loneliness and isolation. The mystery novel depicts the Danish legal system as shadowy and unknowable, and much of the book revolves around Smilla's attempt to unravel it and understand it, as well as get to the bottom of Isaiah's death. The book is an accurate reflection of the spirit of much of…
Works Cited
"Denmark." Multicultural Policies in Contemporary Democracies. Queen's College.
13 Nov 2012 http://www.queensu.ca/mcp/indigenouspeople/evidence-1/Denmark.html
Hoeg, Peter. Smilla's Sense of Snow. Delta, 1995.
Loukacheva, Natalia. "Autonomy and legal systems of Greenland and Nunavut."
role U.S. Constitution U.S. legal system business regulation. Find discuss a recent news story, workplace, demonstrates a Constitutional affects a business legal system ( court system administrative system) respect recognizing / protecting .
The role of the United States Constitution and the U.S. legal system in business regulation
The Constitution of the United States and the national legal system represent the backbone of the American life and culture. They issues and safeguard the rights of all people and they provide regulations for action and behavior for all those in the country.
The Constitution and the legal system as such have immense ramifications, meaning that they come to impact virtually all sectors and domains, including the business scene. One example in this sense is observed at my current employment place, which is a small size company that provides accounting services to small and medium sized firms in the area.
The organization was established three…
References:
2010, Federal regulations prohibiting job description, Environmental Protection Agency, http://www.epa.gov/ocr/crslawreg.htm last accessed on June 7, 2012
God's Sacred Calendar, Sacred Calendar, http://www.sacredcalendar.info/Year.htmllast accessed on June 7, 2012
How to file an employment complaint, The Official Website of the State of South Carolina, http://www.state.sc.us/schac/how_to_file.htm last accessed on June 7, 2012
The Da Costa ruling, however, determined that any ruling of the European Court of Justice must necessarily apply to all national courts when interpreting Community Law (Craig 2001). In this way, the law is guaranteed to be applied evenly in and in the same manner in all member nation courts when deciding Community Law issues, whereas prior to this ruling differing interpretations of the same facets of Community Law could be applied to the same issue.
It is important to note that this ruling does not affect the various national courts of the member nations of the European Union when interpreting national law, and in fact the European Union and its various courts, including the European Court of Justice, have no sway over such interpretations, as the European Union is not a true federal entity (Craig 2001). In this way, while ensuring the equitable interpretation of Community Law in all…
References
Craig, P. (2001). "The jurisdiction of the community courts reconsidered." In the European Court of justice, de Burca & Weiler, eds. New York: Oxford University Press.
Freestone, D. & Davidson, S. (1988). The institutional framework of the European Communities. new York: Oxford University Press.
Slapper, G. & Kelly, D. (2006). The English legal system. New York: Routledge.
b. Civil -- Civil cases involve disputes between two parties. In these cases the person or entity who files the suit (the plaintiff) claims that the other person or entity (the defendant) has failed to fulfill a legal obligation to the plaintiff. The plaintiff may request the court to require the defendant to either fulfill the obligation or make monetary restitution.
III. Federal Court System
a. Jurisdiction -- The jurisdiction of federal courts is limited to what is provided in the Constitution. Typically, these are cases involving:
i. Cases in which the United States is a party
ii. Cases involving violation of the U.S. Constitution or Federal Laws iii. Cases between citizens of two different states if the amount is greater than $75,000
iv. Bankruptcy, copyright, patent, and maritime law cases.
b. Organization of Federal Court System -- There are three basic levels of the federal court system. These are the United States District Court, the…
Origins and Characteristics of the Law and Legal Systems in the U.S.
The Origins and Characteristics of the Law
and Legal Systems in the United States
The origins and characteristics of the law and legal systems of the United States
It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But in order to truly understand the ideas behind these landmark legal documents one must delve deeper into history. What of the texts that influenced America's Founding Fathers? Most may know that the Magna Charta, the English charter from the year 1215, was an influence. But the English weren't the only influential opinion-makers for revolutionary Americans. The Scottish and the French were too. The Scottish Declaration of Arbroath, for example, has been linked by scholars as an influence on Thomas Jefferson,…
REFERENCES
1. The Inheritance of Rome, Chris Wickham, (Penguin Books Ltd. 2009)
2. John Adams, by David McCullough, (Simon & Schuster, 2001).
3. Inventing America, by Gary Wills, (1978)
4. The Scottish Invention of America, Democracy and Human Rights, by Robert Munro, et al. (2004, University Press of America.)
For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did…
References
Atiyah, P.S. (1995). Law and Modern Society (2nd ed.). Oxford, UK: Oxford University Press
Harris, P. (2007). An Introduction to Law (7th ed.). Cambridge, UK: Cambridge University Press
Martin, J (2005). The English Legal System (4th ed.). London, UK: Hodder Arnold
Lord Justice Coke described customs as "one of the main triangles of the laws of England" (Martin, 14). Others dispute this theory and contend most of the "customs" were in fact invented by the judges themselves.
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
Week 8
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless they actually…
Turkish Legal System
Standing at the crossroads between Asia and Europe, Turkey is currently a strategically important member of the North Atlantic Treaty Organization as well as an associate member and candidate country for full European Union membership (Turkey government, 2016). With a history that dates to antiquity, though, Turkey has experienced numerous foreign invasions over the centuries and, not surprisingly, these numerous foreign influences have also had an effect on the country's legal system. To determine this effect with some precision, this paper reviews the relevant literature to provide a description of the history of the Turkish legal system and its current state. Finally, a summary of the research and important findings about Turkey's legal system are provided in the conclusion.
eview and Discussion
At the turn of the 14th century, Turkey was comprised of semi-autonomous hereditary patriarchal tribes and legal decisions were the responsibility of tribal councils (Fischer, 1999). Although…
References
Basedow, J. (2011, January 1). The Europeanisation of contract law and its significance for Asia. Asia Pacific Law Review, 19(1), 53-59.
Fischer, B. J (1999, Fall). Albanian highland tribal society and family structure in the process of twentieth century transformation. East European Quarterly, 33(3), 281.
Hanioglu, M. S. (2011). Ataturk: An intellectual biography. Princeton, NJ: Princeton University Press.
Turkey. (2016). CIA world factbook. Retrieved from https://www.cia.gov/library / publications/the-world-factbook/geos/tu.html.
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 a…
A d) the theoretical approach to legal reasoning that casts the most helpful light on judicial reasoning in determining whether or not evidence derived from torture should be admissible is legal positivism, as developed by H.L.A. Hart. Hart's approach to legal positivism focused strongly on the relationship between the law and morality. One would be hard pressed to describe an area where the relationship between moral behavior and the law is more at issue than in a question involving torture. The question is especially salient when a country may not have any influence over interrogation procedures, such as when the United Kingdom is relying upon interrogations performed in other countries. However, Hart's rule of recognition articulates the point-of-view that social norms should not always be legal norms. There is no question that the prohibition against torture is a widespread social norm, as reflected by the common law, informal international law,…
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. uilding on a plot of land is a fixture that is considered part of real property, similarly things that are fixed with the real property and can not be removed without damage can be considered part of real property. In case of sale of real property, it is appropriate to define the items of personal property that will be included with the real property and which will not be included.
The law does not recognize ownership achieved by deceitful means such as theft, fraud or force. Property may be acquired through:
Exchange: In exchange for money or other property
Possession: eing the first owner of previously un-owned property
Confusion: When ones property is mixed with someone else's property by mistake or confusion the partial owner…
Bibliography
Business Litigation - An Overview, Retrieved from Internet on 27 May 2006. http://www.stolar-law.com/cm/fsdp/practicecenter/business/business-litigation.asp?focus=overview
Criminal Law, Wikipedia Encyclopedia, Retrieved from Internet on 27 May 2006. http://en.wikipedia.org/wiki/Criminal_law
Muhi, C.J., The Employment-at-Will Doctrine: Three Major Exceptions, Monthly Labor Review, January 2001
Reed, O.L., Shedd, P.J., Morehead, J.W., Robert N. And Corley, R.N., The Legal and Regulatory Environment of Business, ISBN: 0072881119, 2005, McGraw-Hill
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 stress…
Work Cited
Stern, Gerald. The Buffalo Creek Disaster. Vintage, 1977.
More importantly, because the system needs to be perceived as fair, employee's opinions must be taken into account. e are not putting this system into place to be punitive, but rather to protect the interests of all of the employees.
It is believed that the system of inquiry will have a strongly positive effect on the organization. Verizon has long had some form of ethical code, but with the new code coming into effect in 2008 and the introduction of a system of inquiry, the firm is demonstrating strong ethical values. These are the values shared by most of the employees already. hat the code and system do within the company is to formalize the values that most employees already have. It improves the perception of fairness and presents a unified view of ethical issues throughout the firm.
This also will have strong impacts outside the organization. In an era when…
Works Cited
No author & Seidenberg, Ivan. (2008). Your Code of Conduct. Verizon. Retrieved October 25, 2008 from https://www22.verizon.com/about/careers/pdfs/CodeOfConduct.pdf
Liptak, Adam. (2007). Verizon Reverses Itself on Abortion Messages. New York Times. Retrieved October 25, 2008 at http://www.nytimes.com/2007/09/27/business/27cnd-verizon.html?adxnnl=1&adxnnlx=1224961253-V6iLKJ6NbEBQ/tn2vsTygQ
Dallas, Lynne. (2003). A Preliminary Inquiry into the Responsibility of Corporations and their Directors and Officers for Corporate Climate: The Psychology of Enron's Demise. Rutgers Law Journal. Retrieved October 25, 2008 at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=350341
Liptak, Adam. (2007). Verizon Reverses Itself on Abortion Messages. New York Times.
However, Doherty took the themes of these books as further evidence of Adams' wrong doing, although Adams himself never admitted to anything about being part of the Black Blocs or believing in anarchist ideologies. The only thing Adams sad was that he was an environmentalist, which is why he had been collecting the glass Coca Cola bottles in order to recycle them later when he found an acceptable recycling location. Additionally, Officer Doherty found medication on Adams person as well. This medication was prescribed to Thomas Adams, a fact which Doherty should have seen as an obvious red flag that he was dealing with a minor with behavioral and emotional issues, which should have led him to be even more sensitive in his actions towards Adams. Yet, Officer Doherty seemed to only see this as further reason that Adams was guilty.
This leads into the second charge against Adams, the…
References
Calvin, Elizabeth. (2006). Juvenile Defender Delinquency Notebook. Advocacy Training Guide. Web. http://www.njdc.info/pdf/delinquency_notebook.pdf
Legal Transplants
The objective of this study is to discuss and compare two legal transplants with reference to at least one African or Asian legal system. For the purpose of this work, Turkey and legal transplants will be examined.
The work of Orucu (2008) states that Chiba (1986) relates the "concept of legal pluralism…as an effective attack on the common sense of orthodox jurisprudence by rejecting the 'oneness of state law as law or university of western law." (p.1) Chiba is reported to proffer a model of official law "as always intersecting with unofficial law and legal postulates, and never existing in isolation." (Orucu, 2008, p.1) It is the expectation that the state laws will in cohesion with "society and its normative orders, and religion and worldviews…work together to achieve a balanced and sustainable legal order." (Orucu, 2008, p.1-2) However, according to Orucu "legal centralism reflects the ambition of the modern…
Bibliography
Dai, J. (2009) On Several Problems in Legal Transplantation. Journal of Politics and Law, Sept. 2009. Vol. 2, No. 3.
Gunderson, JL and Waelde, TW (1994) Legislative Reform In Transition Economies: Western Transplants -- a Short-Cut to Social Market Economy Status? ICQL 1994, 43(2), 347-378.
Oguz, A. (2005) The Role of Comparative Law in the Development of Turkish Civil Law. Pace International Law Review. 1 Sept 2005. Article 9. Vol. 17, Issue 2. Fall 2008.
Orucu, E. (2008) Judicial Navigation As Official Law Meets Culture in Turkey. Int J.L.C. 2008, 4(1), 35-61.
This kind of client statement is the best way for a nutritional consultant to tell the client very firmly that there are boundaries to the nutritional consultant's work (2011).
While it is important to have a client statement written down in writing, it is also important to make sure that what is directly related to the client through words is kept within the professional and legal boundaries of the nutritional consultant's job. Because of the fact that a nutritional consultant is not a doctor, he or she cannot diagnose any kind of disease or illness and cannot even try to guess what they might think it is. The fact of the matter is, according to Wilson, is that a nutritional consultant should not even really engage in conversation with a client who is discussing his or her doctor's diagnosis; it is too easy to say something that may be crossing…
References
Harrison, Ryan N. (2011). "Protecting yourself as a nutritional consultant." Be whole be well.
Accessed on January 18, 2011:
http://www.bewholebewell.com/articles/ProtectingYourselfasaNutritionalConsultant.pdf
Robinson, Theodore W. (2006). How to open or improve a successful alternative health care practice. Inner Healing Press; 1st edition.
Te NPC, importantly, controls bot legislative and judicial functions -- true to te consolidation of power in communism. Wen discussing te Cinese judiciary, one must understand tere are no juries, only judges; and earsay is admissible as evidence, unlike te civil tradition. However, in keeping wit civil tradition, evidence obtained from documents carries more weigt tan oral testimony. Te judge in a Cinese court is not interested in defending laws, teir interest is in defending te interests of te communist state and te socialist system.
Module 2 -- Legal Researc
Primary and secondary sources (2.11) and Keywords (2.1.2). Sources used in legal researc are primary and secondary: primary researc emerges directly from legal opinions, legislations, treaties or case law; secondary sources are commentaries about te decisions from journalists, lawyers, scolarly journals, and textbooks.
Tings to look for in conducting researc include te rigt keywords, witout wic searc engines are not pointed in…
http://www.law.nyu.edu/library/research/foreign_intl/foreigndatabasesbyjurisdiction/index.htm .
Lexadin (world law guide): http://www.lexadin.nl/wlg/legis/nofr/legis.php .
Megalaw International Law sites: http://www.megalaw.com/international/index.php.
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…
Bibliography
Mary Kay Kisthardt, of Fatherhood, Families and Fantasy: The Legacy of Michael H. v. Gerald D., 65 Tul. L. Rev. 585, 588 (1991).
Marianne M. DeMarco, Delineation of the Boundaries of Putative Father's Rights: A Psychological Parenthood Perspective, 15 SETON HALL L. REV. 290, 291 n.7 (1985).
Rita Meiser & Marcie Velen, the History of Adoption. http://www.researchetcinc.com/history.hml .(Visited April 29, 2005).
Suellyn Scarnecchia, Defining Family: Adoption Law and Policy Adoption Rights, 2 Duke J. Gender L. & Pol'y 41, 41-42 (1995).
legal aspects of job-related stress in Great Britain, with the view to helping businesses in Great Britain avoid stress claims. While the article addresses issues in Great Britain, it also illuminates another way of looking at stress. The first article looked at it from a personal level; the second from a group level; and this one purely from the company's point-of-view. In considering this article, readers might note its implied relationship to the article by Styhre et. al., because it demonstrates clearly that work-related stress occurs within a larger social unit (the employment setting). The article's main point is that employers should handle claims of stress both sensitively and carefully, especially as they relate to suspension and firing, to avoid lawsuits charging the company with causing psychiatric damage to the individual because of how the company handled the situation.
This article points out various causes of stress, all listed in…
These people demonstrated that a trial regarding a possible capital sentence is lengthy and is probable to reflect negatively on the suspect, considering that he or she experiences intense feelings as he or she stands and waits for the jury to decide whether he or she is going to live another day or not. Taking into account the nature of the crimes attributed to a person who is susceptible to be sentenced to death, it is irrelevant whether or not he or she spends a significant amount of time in courts.
Another legal issue that emerges when discussing in regard to capital punishment is related to the influence of constitutional rights in the case of a person who is convicted for serious crimes. "hat we have here is a head-on collision between the operating needs of the capital punishment system and the sentiments and the norms of Anglo-American criminal justice"…
Works cited:
Adam Bedau, Hugo, and Cassell, Paul G., "Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Case," (Oxford University Press, 2005)
Mandery, Evan J. "Capital Punishment in America: A Balanced Examination," (Jones & Bartlett Publishers, 2011)
Marzili, Alan, "Capital Punishment," (Infobase Publishing, 2008)
McCafferty, James, "Capital Punishment," (Aldine Transaction, 2009)
Legal Issues in Cremation
Annotated Bibliography
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
http://nfda.org/government-relations-/current-funeral-service-issues/3824-hawaii-adopts-nfdas-model-right-of-disposition-law.html
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. Specifically, the article states that crematories…
Goldwasser, J.W. (Rabbi (2014). How can a Jewish cemetery permit the burial of cremated ashes on sacred ground? About.com.
This is an informative article on cremation under Jewish law. Most traditional authorities forbid the burial of ashes in a Jewish cemetery because it encourages the practice of cremation. Some traditional authorities do allow ashes to be interned because to deny burial would itself be a violation of the command to bury.
[Type text]
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 in 2001. At…
References
Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
Kill a Mockingbird
A Textual Analysis of the Character Development within this Short Story
The short story by Harper Lee, "To Kill a Mockingbird," is an illustration of how people viewed the various stereotypical traits, which are deeply ingrained in the culture and associated with the various demographics that were present in the South during the period in which the story was set. The 1930s in the South was a period in the United States that most people cannot fully envision due to the fact that there have been many systemic changes in the country's culture. However, despite many drastic differences that are present in the contemporary period relative to the story's setting, on the other hand there are also many similarities that continue to persist until this day. For example, one of the primary themes in the story centers upon a sense of racial injustice that was present in the…
Works Cited
Lee, Harper. To Kill a Mockingbird. New York: Warner, 1982. Print.
The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted.
Once the legal issues have been identified the researcher is ready to begin the process of finding the cases that support the legal argument that he or she is attempting to formulate. This is where the value of the computer and internet comes into play. In today's legal environment this part of the process is greatly simplified and expedited. Unfortunately, amassing the necessary case law is only the first step and the only step where the computer is of any benefit.
After collecting the law that both supports and…
Bibliography
Nolasco, C.A. (2010). Toward a New Methodogy for Legal Research in Criminal Justice. Journal of Criminal Justice Education, 1-23.
Turley, S.L. (2010). "To See Between": Interviewing as a Legal Research Tool. Journal of the Association of Legal Writing Directors, 283-209.
Legal Unit 2
d.).
A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look for money in order to compensate for the injury, or may ask the court to order the defendant to stop the behavior that is causing the harm (Civil Cases, n.d.).
To put in order a case for trial, the litigants may perform discovery. During discovery, the litigants must give information to each other about the case, such as the identity of witnesses and copies of any papers associated with the case. The purpose of doing discovery is to prepare for trial…
References
Civil Cases. (n.d.). Retrieved August 15, 2010, from United States Courts Web site:
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWor
k/CivilCases.aspx
Mediation. (n.d.). Retrieved August 15, 2010, from U.S. Equal Employment Opportunity
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…
Works Cited:
Jessica, S.N. (2008). at-Will Employment Dismissal Law. EHOW. Online at http://www.ehow.com/about_5272311_atwill-employment-dismissal-law.html
Lang, G. (1994). Women's Shelter Sex Harassment. Men's Voices Magazine. Online at www.menweb.org
Brown, NS. (1994). Sexual Harassment -- Fact v. Myth. Men's Voices Magazine. Online at .
Legal Definitions
Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.
Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.
Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of pretrial release. I…
Article 38 of the International Court of Justice indicates that courts have the function of deciding which disputes can be solved by referring to international conventions implying that international conventions have legal value in the nation-states that are party to it (ICJ). The Universal Declaration of Human ights being one of such international conventions derives its legal status from this article thus obtaining the legal value.
Conclusion
The Universal Declaration of Human ights is a very significant convention since it protects the very existence of mankind which is vital to the development and prosperity of any state. Despite this significance its legal value was debatable due to the fight for superpower status and further debates have come up due to the difference in religious and cultural beliefs and the declaration has received criticism from groups such as the Muslim community who felt that the context of Muslim countries was not considered.
A section…
References
Bernstorff, J., (2008). The changing fortunes of the universal declaration of human rights:
Genesis and symbolic dimensions of the turn to rights in international law. The European Journal of International Law, 19(5):903-924.
Faiz, P.M., (2007). The International Court of Justice, Law Journal retrieved on October 1, 2010
from http://faizlawjournal.blogspot.com/2006/08/international-court-of-justice-icj.html
Legal Structure and Management of a National Level Sporting Organisation
Sports activities in the world today are becoming more popular and are attracting huge crowd. This is one of the reasons that have made sponsors to come in so as to help such clubs that are not able to support themselves financially. Through sponsoring, the sponsor is able to market and advertise its products within the stadium where the club is playing among other benefits. It is worth noting that sports are viewed as a means of income to each stakeholder including the players. Essendon football club has made Australia to be known worldwide because of the good performance the club has exhibited over the years.
Essendon Football Club is rated as a dynamic world class club in the Australian sporting arena. The success and competitiveness of the club is dependant on its set legal structure and proper management that foresees its…
References
Books, H. 2011. Articles on Essendon Football Club Including: List of Essendon Football Club, Honours, Anzac Day Class. America, AM: Hephaestus Books.
Bools, L., & LLC, G.B. 2010. Essendon Football CLub: Essendon Football Club, List of Essendon Football CLub Honours. United States, U.S.: General Books LLC.
Clark, T. 2007. Stick This in Your Memory Hole. Doncaster East Victoria, VIC: aduki independent press.
Devaney, J.P. 2009. Full Points Footy: Encyclopedia of Australian Football Clubs. Lincoln, LN: Lulu.com.
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…
References
Allen, Julia H. (2001). The CERT Guide to System and Network Security Practices. Boston, MA: Addison-Wesley.
Layton, Timothy P. (2007). Information Security: Design, Implementation, Measurement, and Compliance. Boca Raton, FL: Auerbach Publications.
McNab, Chris (2004). Network Security Assessment. Sebastopol, CA: O'Reilly.
Systems Design Project
Change is integral to the survival of any commercial enterprise in today's globalized, technologically advanced business environment. This requires stakeholders to have personal and organizational transition skills to attain the desired change for future success (Hughes, 2006). Strategizing drives organizational change giving it direction through activities (Thornhill, Lewis, Millmore and Saunders, 2000). Internal and external environmental considerations are both relevant; along with change management required to align with strategic change. Singular change is integral to organizational modification; a concept that bears adopting as a precursor to internalizing change across the organization.
The change agent is responsible for comprehending the concept of strategic change which encompasses an understanding of change models, approaches and tools for proper implementation. Furthermore they must possess an aptness for analytical assessment of contexts, critical thinking adeptness - both of which will be applied along the change continuum within the organization through use of interpersonal and…
References
Balogun, J., and Hailey, V.H. (2008), Exploring Strategic Change, Pearson Education Limited, England
Burnes, B. (2004), 'Emergent change and planned change - competitors or allies?: The case of XYZ construction', International Journal of Operation & Production Management, Vol. 24 No. 9, pp. 886-902
Change Management Learning Center (2009), 'Five tips for: Succeeding in change management', Change Management Learning Center, available at: http://www.change-management.com/tutorial-5-tips-cm-success.htm (accessed 19 November 2009)
Chris, R. (2009), 'Working with Emergent Change in Organisations', available at: http://www.oikos-uk.com/docs_influences/Emergent%20Change%20print.pdf (accessed 20 November 2009)
Legal Aspects and Considerations
"Coaches should pursue opportunities for professional development to keep abreast of best practices, safety, and legal issues within their chosen sport(s)" (Schaefer, 2008, isk Management Tips Section, ¶ 5).
Challenges for Coaches
During 2006, Bill Baker, a Sahuarita High School football coach in Chandler, Arizona resigned from his coaching position following a 2005 post-game incident which involved him and a player the previous fall. In the newspaper account, "Coach quits over legal dispute: Sahuarita's Baker facing charges involving player," Pedersen (2006) reports that Baker, 53, who cited a lack of support from the Sahuarita Unified School District, also resigned his position as golf coach; however, continued teaching character-education class at the school. The school's district reported that because its liability insurance applied only to civil claims, it could not legally represent employees in criminal cases. Baker denied charges against him that he threw punches at a student and was…
REFERENCES
Engelhorn, R. (2011). Legal and Ethical Responsibilities of a Coach Iowa State University. Retrieved March 24, 2011 from http://www.iahsaa.org/RichEngelhorn.html
Fitzgerald, T.B. (2005). The "inherent Risk" Doctrine, Amateur Coaching Negligence and the Goal of Loss Avoidance. Northwestern University Law Review, 99(2), 889+. Retrieved March 24, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036474220
Football Coaches Push N.J. School Prayer Case at U.S. Supreme Court. (2008, December). Church & State, 61, 16+. Retrieved March 24, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036476157
Pedersen, B.J. (2006). Coach quits over legal dispute: Sahuarita's Baker facing charges involving player. AZ Daily Star. Landmark Media Enterprises, LLC. Retrieved March 23, 2011 from HighBeam Research: http://www.highbeam.com/doc/1G1-149015601.html
Legal Structure of McDonald's Corporation
There are many different categories of business in the world today. McDonald's brand franchisees operate as part of a corporation. The company, comprised in part of restaurants run by independent entrepreneurs, is currently considered one of the worlds most successful and largest franchising companies every created. Seventy percent of McDonald's restaurants are owned and operated by independent owners.
This corporate business structure has resulted in substantial opportunities for individual business owners and for the corporation as a whole. The legal structure of McDonald's is discussed below, as well as the advantages and disadvantages McDonald's corporation has over other legal business entities. Though McDonald's corporation operates slightly differently than other corporations in the world today, it remains one of the world's leading retailers, a testament to its strong legal structure.
Legal Aspects Of A Franchise
McDonald's successfully operates as a franchisee corporation. There are many legal components of a franchise…
References:
"McDonald's Corporation." FranshiseOpportunities.com. Retrieved Sept 1, 2005:
http://www.franchiseopportunities.com/Zor_52/McDonalds.htm .
"McDonald's Owners Operators." Retrieved Sept. 5, 2005:
http://www.mcdonalds.com/content/corp/franchise/franchisinghome.html
Legal Environment/Total ewards
esizing organizations must have a good idea of where they want to go and ensure to the best of their ability that they will be able to convince employees that this new direction is desirable for all parties involved. First, organizations need to gather information concerning what psychological contract obligations employees perceive as being most valuable. Probably the best way to do that is to gather feedback from an employee survey. In essence, organizations need to know what employees want if they hope to retain and motivate the key people in their workforce. Understanding what employees value most will allow an organization to be more prudent in the implementation of its resizing efforts, because organizational leaders will be better equipped to minimize the number of employees who perceive serious psychological contract breaches.
The organization must constantly monitor the changing need structure of its employees. This process should be tied…
Resources
Atkinson, William. Filling in around the edges, HR Magazine, 2009.
Chen, H.M., Hsieh, Y.H. (2006). Key trends of the Total Reward System in the 21st Century. Compensation and Benefits Review, 38(6), 64.
Simon, M Tamara, Traw, Kelly; McGeoch, Barbara; Bruno, Fran. How the Final HIPAA Nondiscrimination Regulations Affect Wellness Programs. Benefits Law Journals. New YorkL Summer 2007. Vol 20, Iss. 2, Pg 40
Trahant, Bill. Debunking Five Myths concerning Employee Engagement: A Recent Report Debunks the Myths and Reveals Practices for Enhancing Individual Employee Effectiveness to Improve Organizational Performance. The Public Manager. Volume: 36. Issue: 1. 2007. Page Number: 53
In a democratic system, whose underlying foundation is a philosophy of independence and equal representation, giving somebody the power to buy political power or interest is unethical. For this reason, must governing boards have codes of ethics that specifically prohibit bribery.
The mayor's proposed plan to lure tourism to igtown is akin to the illegal bribery committed by the SLOC. In other words, what the mayor proposes is to give convention planners government contracts for coming to igtown, which is essentially giving the planners political power not available to the city's citizens. According to the governing rules, this form of political bribery is illegal. If the mayor does go through with this plan, he could be punished with such actions as fines or an impeachment from his position.
ibliography
15 United States Code Sec. 78. (2006): The Foreign Corrupt Practices Act.
Longman, Jere. (1999): "Olympics: 2 Officials Quit in Salt Lake City as…
Bibliography
15 United States Code Sec. 78. (2006): The Foreign Corrupt Practices Act.
Longman, Jere. (1999): "Olympics: 2 Officials Quit in Salt Lake City as Olympic Scandal Details Grow." New York Times.
The model consists of five phases:
1. Perception of the ethical problem
2. Description the situation and objective definition of the ethical issue
3. Identification of alternatives
4. Selection of an alternative
5. esolution (Cooper, 2006).
This model has been implemented successfully in both the public and private sectors. The goals of the model are to create a management team consisting of responsible individuals that promote high standards, ethical decision-making practices on behalf of their code of ethics, transparency and accountability (Cooper, 2006). Ultimately, according to Cooper's model, ethical decision making is the process of identifying a problem, generating alternatives, and choosing among them so that the alternatives selected maximize the most important ethical values while also achieving the intended goal.
Conclusion
Most work-related decisions have an ethical component. With few exceptions, problems that involve people also involve ethical issues. Decisions that affect people's jobs and careers have an ethical component. Decisions that involve conflicts of commitment…
References
Business Dictionary (2009) "Conflict of Interest" http://www.businessdictionary.com/definition/conflict-of-interest.html
Cooper, T. (2006). The responsible administrator: An approach to ethics for the administrative role (5th ed.). Hoboken, NJ: Jossey-Bass.
Olsen, a. (2009). Authoring a code of ethics: Observations on process and organization. Center for the study of ethics in the professions. Illinois Institute of Technology. http://ethics.iit.edu/index1.php/Programs/Codes%20of%20Ethics/Authoring%20a%20Code%20of%20Ethics.html
Schnebel, E., & Bienert, M.A. (2004). Implementing ethics in business organizations. Journal of Business Ethics, 53, 203-211.
This collection comprises health-care and social service employees such as visiting nurses, psychiatric evaluators, and probation workers; community employees such as gas and water utility workers, phone and cable TV employees, and letter carriers; retail workers; and taxi drivers (OSHA Fact Sheet, 2002).
The best defense that companies can give is to institute a no tolerance rule in regards to workplace aggression against or by their workers. The company should set up a workplace aggression avoidance course or include the knowledge into an accessible disaster prevention course, employee manual, or handbook of standard operating measures. It is important to make sure that all workers are aware of the rules and recognize that all ascertains of workplace aggression will be examined and dealt with quickly. Additionally, companies can recommend additional shields like:
Providing security training for workers so they understand what behavior is not suitable and what they should do if they…
References
Davidson, Michael. (2010). Federal Workplace Violence Laws. Retrieved October 17, 2010,
from eHow Web site: http://www.ehow.com/list_6116986_federal-workplace-violence-laws.html
Heathfield, Susan M. (2010). Workplace Violence: Violence Can Happen Here. Retrieved October 17, 2010, from About Web site:
http://humanresources.about.com/od/healthsafetyandwellness/a/workviolence_3.htm
The religious organization has other-worldly goals, but must adapt to the demands of this world in order to survive. There are generally two kinds of responses to this problem -- the church response and the sect response. The church response is to adapt at the expense of the goals and the sect response is value-rational-to maximize goal commitment at the expense of adaptation (Satow, 1975).
EXAMPLE NATUAL -- Management NEED in Business OGANIZATION
Theories and research concerned with individual performance, employee satisfaction, and reduction of tension between individual and organizational goals deal only with internal aspects of events, relationships, and structures that make up the total organizational system. However, if an organization is seen as an open-energy system, it is apparent that it is dependent for survival and growth upon a variety of energy transfers within the organization and also between the organization and its external environment. It is sure, then,…
References
Barnard, C. (1938). The Functions of the Executive. Cambridge, MA: Harvard University
Friedlander, F., and Pickle, H. (1968). Components of Effectiveness in Small Organizations. Administrative Science Quarterly13(2), 289-304
Kanigel, Robert (1997). The One Best Way: Frederick Winslow Taylor and the Enigma of Efficiency. New York: http://www.leaonline.com/entityImage/?code=200B
Kloos, B., McCoy, J., Stewart, E., Thomas R.E., Wiley, a., Good,- T.L., Hunt G.D., Moore, T. And Rappaport, J. (1997) Bridging the Gap: A Community-Based, Open Systems Approach to School and Neighborhood Consultation. Journal of Educational and Psychological Consultation 8(2), 175-196
System of castas/Latin American History
Among many contributions of Mexico to the present American culture few are considered more significant than the concept of Mestizaje referring to the racial and cultural and synthesis. Mexico came out to be a fusion of the old and new world, particularly after the Spanish invasion during 16th century. Ever since the inception of the conquest the interracial sexual unions among Indians, Europeans, Africans and Asians appeared common, however, interracial marriage was allowed only during the later half of the 17th century. The frightened white elite treatened of the growing tide of Castas -- many racially mixed people- during 18th century formulated a caste system in order to institute status distinctions between the sub-groups so as to divide them and strengthen the Spaniards' sense of their own exclusivity. (An Unsettling acial Score Card)
The commissioned paintings of many groups of castas have remained to be the evidence…
References
Early Latin America. Retrieved from http://occawlonline.pearsoned.com/bookbind/pubbooks/stearns_awl/chapter25/objectives/deluxe-content.html Accessed 7 November, 2005
Fulopp, Tomas J. Latin America and the Concept of Social Race. Retrieved from http://www.vacilando.org/index.php?x=810 Accessed 7 November, 2005
Montalvo, Frank. Danzon and Mexico's Caste System. Retrieved from http://www.webcom.com/~intvoice/montalvo3.html Accessed 7 November, 2005
Poverty alleviation program for minority communities in Latin America: Communities of African Ancestry in Latin America history, Population, Contributions and social attitudes social and economic conditions. Retrieved from http://enet.iadb.org/idbdocswebservices/idbdocsInternet/IADBPublicDoc.aspx?docnum=479869 Accessed 7 November, 2005
The decision making process of each decision maker must be supervised by his superior. Also, certain decisions and actions cannot be delegated to subordinates. In addition to this, the ethical role and ethical responsibilities of each employee, middle manager, and top manager must be identified before decision making.
Furthermore, this leads to identifying and analyzing objectives for each employee, in order to benefit from a well established and efficient decision making process. Although there are categories of employees that do not have a direct decisional role within the organization, they play a very important role in the decision making process.
This is because they can provide useful information to decision makers that should help them select the best alternative for the situation in case. Employees must be aware of the role they play in the decision making process and the importance of their activity in relation to that of the decision makers.
The…
Reference list:
1. National Association of Child Care Professionals Code of Ethics (2009). The National Association of Child Care Professionals. Retrieved November 16, 2009.
2. Problem Solving Techniques (2009). Mind Tools. Retrieved November 16, 2009 from http://www.mindtools.com/pages/main/newMN_TMC.htm .
For instance, in the eyes of the courts, an offense's level could be equated to the guideline for the seriousness of a crime. The next aspect of the scorecard was the offender's personal or associative criminal history. Prior offenses dictated a level of conviction frequencies and social offenses. Therefore the personal criminal history of an individual ends up playing a major role in the sentencing guidelines. A person's propensity to repeat offences entails longer sentences. The person that had a history of repeat offenses offered a greater threat and therefore was often thought to be more dangerous to society. but, how does the justice system maintain a culprit's history without an ability to utilize integrated processes?
This is a prime example of where justice information systems integration could have far reaching implications. In regard to sentencing, first time offenders in one community may not have been labeled as serial offenders…
References
Avolio, Frederick M. (2000, March 20). Best Practices in Network Security -- as the Networking Landscape Changes, So Must the Policies That Govern Its Use. Don't Be Afraid of Imperfection When it Comes to Developing Those for Your Group. Network Computing.
Capital Punishment in U.S. Hit 30-Year Low in 2003. Ed. All American Patriots. (March 1, 2005). Retrieved on April 21, 2005, from All American Patriots at http://www.allamericanpatriots.com/m-news+article+storyid-6869-PHPSESSID-c7528df1df14be6397da4e89e25a7374.html.
Dekker, Marcel. (n.d.). Security of the Internet. Retrieved on April 21, 2005, at http://www.cert.org/encyc_article/tocencyc.html#Overview
Holmes, Amir., Webster, Lawrence P., & Sullivan, Teri (2004). JIEM Reference Model. SEARCH, the National Consortium for Justice Information and Statistics. Retrieved on April 21, 2005, at http://www.search.org/integration/JRM1.0.1.pdf
The "No New Law!" campaign then shifted its focus to the establishment of freestanding clinics and insurance coverage for women who needed the procedure. Because provincial governments regulate health care in Canada, pressure was put on them for publicly funded clinics. Pro-choice activists also pressured the federal government to approve U-486 for Canadian testing.
Although criminal sanctions are no longer in force, improved equal access has been disappointing. ich women have always had access to safe abortions and always had a choice, but working women have not. Their choice was inhibited by the state's involvement. Weir (1994) states the women now who have the greatest difficulties are women of colour, rural women, women from under-serviced areas, poor women, unemployed women, women with disabilities, and women whose first language is not English. How much money women have and what kind of work they are employed in makes a huge difference in their…
References
Albert, R. (2005). Protest, proportionality, and the politics of privacy: Mediating the tension between the right of access to abortion clinics and free religious expression in Canada and the United States. Loyola of Los Angeles International and Comparative Law Review, 27 (1), 1-62.
Palley, H.A. (2006). Canadian abortion policy: National policy and the impact of federalism and political implementation on access to services. The Journal of Federalism, 36 (4), 565-586.
Weir, L. (1994). Left popular politics in Canadian feminist abortion organizing, 1982-1991. Feminist Studies, 20 (2) 249.
Court System
The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the Constitution…
REFERENCES
Neubauer, D., et al., (2010). America's Courts and the Criminal Justice System. Belmont,
CA: Wadsworth/Cenage.
Plunkett, T. (2001). A Concise History of the Common Law. Clark, NJ: The Lawbook
Exchange.
Sarah's legal adviser under the previously described scenario, there a several questions I would like to ask my client before devising any potential defenses against Barry's charge of breach of contract. According to the facts presented by both parties, on Wednesday a conversation took place to negotiate the terms of a potential sale, with ownership of a refurbished laptop being transferred to Barry in exchange for $1,000 payment. On Wednesday, Sarah also informed Barry that her asking price was firm, and as a courtesy she also offered to withhold sale of the laptop until the end of the week if he was still interested. This proviso is central to Barry's eventual claim that a contract has been breached, because in his view this offer to reserve the laptop until Friday night at the very earliest was extended by Sarah and duly accepted by Barry, an agreement which would represent…
References
Australian Woollen Mills Pty Ltd. v Commonwealth (1954) 92 CLR 424 at 457 per the Full High Court
Bebchuk, Lucian Arye, Shavell, Steven, 'Information and the Scope of Liability for Breach of Contract: The Rule of Hadley V. Baxendale' (1991) 7(2) Journal of Law, Economics, and Organization 284-312
Ex-parte Fealey (1897) 18 LR (NSW) L. 282
F & G. Sykes (Wessex) Ltd. v Fine Fare Ltd. (1967) 1 Lloyd's Rep 53 at 57
Two valuable sources of information do exist:
The first one does fall within the conflicting traditions themselves. They are never useful in the solving of the disputes by invoking worldly views. They are indeed a complex set of legal traditions since they do succeed in the reconciliation of otherwise different theoretical views. The second source of information is facts. Multivalence is an important factor in the explanation of the various contemporary issues that affect our complex societies. A society that consists of different groups of people who have multiple legal claims. There are also various legal traditions as well as identities that do overlap in extremely close proximity. There are also several conflicting principles. The conflicting principles do lead to a general weakening of the state legal system. The multivalent though does provide a way of reconciling the various legal traditions, family law, succession and potential status in a way…
References
Anton, D.J. (1995).Diversity, globalization, and the ways of nature. Ottawa, on, IDRC. xi + 223 p.: ill.
Kosko, B (1993), Fuzzy Thinking: The New Science of Fuzzy Logic.New York, Hyperion
Halpin, a (2006)"Glenn's Legal Traditions of the World: Some Broader Philosophical Issues'. (1) Journal of Comparative Law 116
Nguyen, M (2009.The Myth of "Lucky" Patent Verdicts: Improving the Quality of Appellate
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…
Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)
This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.
Definitions
It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact that socialist…
Works Cited
Agami, Abdel M. "The Role that Foreign Acquisitions of Foreign Companies Played in the Recovery of the Asian Financial Crisis." Multinational Business Review 10, no. 1 (2002): 11-17.
Batra, Madan M. "The Dark Side of International Business." Competition Forum 5, no. 1 (2007): 306-313.
Berman, Alan. "The Anwar Saga: Sexuality and Politics in Contemporary Malaysia." Gay & Lesbian Issues and Psychology Review 4, no. 3 (2008): 188-193.
Chan, Anita, and Jonathan Unger. "A Chinese State Enterprise Under the Reforms: What Model of Capitalism?" The China Journal 62 (2009): 1-15.
Moral and Legal Questions of Stem Cell Research
Stem cell research is an experimental, and research-based study as to methods of repairing the human body. y introducing stem cells into a damaged, or degenerating area of the body, the medical profession hopes to prompt the body to regrow healthy tissue, and repair the damage. Degenerative diseases, such as Parkinson's disease, or macular degeneration of a patient's eye retina are conditions in which the healthy tissues cease to function properly. There is no overt damage. There is not a disease which has physically destroyed the affected body part. ut for varying reasons, such as old age, wear and tear, or reasons medical science does not yet understand, the affected body part simply ceases to function properly. Stem cells are the type of cells, which are more numerous in, but not limited to, human embryos. They are the building blocks of the…
Bibliography
Answers to your questions about Stem Cells. 2001. ViaCord. Retrieved 15 Dec 2002. http://www.viacord.com/Preservation/Preservation.asp?section=1&s=sourceOfStemCells 2001>
Bush, George W. "The Bush Decision on Stem-Cell Research" National Review Online.
2002 Retrieved 15 Dec 2002. http://www.nationalreview.com/document/document081001.shtml
Critical Legal Studies." Legal Information Institute, Cornell Law School. 2000. Retrieved 10 Dec 2002. http://www.law.cornell.edu/critical/theory.html
In this world view, the Canadian system of business regulation is ripe for the pruning of its lower branches, where the most liberal, socially, and environmentally-friendly legislation has been enacted that has cut into the bottom line of businesses nationwide (DuPlessis, Enman, Gunz, O'Byrne, 2011). Often, the conservative perspective would like to give personal legal rights to businesses with less consideration put upon the responsibilities that arise from such a legal status. This is to say that businesses, like people, should be afforded rights as well as responsibilities as the cost of the rights granted and enjoyed.
From the other side of the tracks, from a more liberal perspective, business ethics and regulations are different hands on the same body. This is to say that this group of people believes that the more businesses are regulated and ethically fixed; the better off an economy is (DuPlessis, Enman, Gunz, O'Byrne, 2011).…
Works Cited
Anderson, Bruce. (2008). "Business Ethics v Business Law: Rules, More Rules, and Deliberation." Legisprudence. Vol. 2, No. 3. Pp. 217-230.
Carasco, Emily F. And Singh, Jang B. (2008). "Human Rights in Global Business Ethics Codes." Business and Society review. Vol. 113, No. 3. Pp. 347-374.
DuPlessis, Dorothy; Enman, Steven; Gunz, Sally; and O'Byrne, Shannon. (2011). Canadian Business and the Law, 4th ed. Nelson Education: Scarborough, on.
Husted, Bryan W. (2008). "Toward a Model of Cross-Cultural Business Ethics: The Impact of Individualism and Collectivism on the Ethical Decision-Making Process." Journal of Business Ethics. Vol. 82, No. 2. Pp. 293-305.
In 1993 there were 155,704 recorded crimes of burglary and of these 20,200 were residential burglaries. Since the mid-1970s the level of recorded burglaries has fluctuated around a level of 130,000 to 150,000 crimes per year although during the three last years, 1991 to 1993, the level has been close to 155,000. The number of recorded car thefts in 1993 was 61,141 and of these 18,300 were attempts. During the 1980s the number of recorded thefts of cars has doubled from 34,301 in 1980 to 69,003 in 1989. However, in the last three years this crime has decreased from roughly 70,000 in 1991 to roughly 61,000 in 1993.
Drug offenses. In 1993, 40,700 violations of the Narcotic Drugs Act were reported to the police. This figure is 40% higher than in 1990. Due to the method of counting drug offenses and the fact that this is a crime category highly…
Resources
An Introduction to the Sami Culture" (1996) Retrieved, January 28, at http://boreale.konto.itv.se/samieng.htm
Criminal Matters" Swedish Government Offices Website Retrieved, January 28, at http://www.sweden.gov.se/sb/d/2138/a/14884
Malmstrm, C. "Diversity in the European Context" Retrieved, January 28, at http://www.sweden.gov.se/sb/d/8660/a/82943
Reiter, P.L. (2007), Comparative criminal justice systems. Upper Saddle River, NJ: Prentice Hall/Pearsons.
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…
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 deals…
REFERENCES
Commercial Law. (2010). Cornell University Law School Legal Information Institute. Retrieved from: http://www.law.cornell.edu/wex/Commercial_law
How the Legal System Works. (2012). Find Law. Retrieved from: http://public.findlaw.com/abaflg/flg-2-2a-4.html
Introduction to the Court System. (2003). Syracuse University College of Law. Retrieved from: http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf
Is Workplace Sexual Harassment on the Rise? (April 16, 2010). SHRM Poll Online.
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