...Criminal Law Jordan Miller CJA 354 September 24, 2012 Kristin Mildenberger Criminal Law Former Chief Justice and President of the United States from 1909 to 1913, William Howard Taft once stated “Presidents come and go, but the Supreme Court goes on forever.” That statement currently remains to hold true. The first Supreme Court was called to assemble on February 1, 1790, at which time the powers and duties of the Supreme Court were established. The United States Supreme Court currently has one Chief Justice and eight Associate Justices and is the highest judicial body in the United States. In the 2009 case of the Supreme Court vs. Joel Tenenbaum, the Recording Industry Association of America (RIAA) sued former Boston University student Joel Tenenbaum for file sharing 30 songs he illegally downloaded from the Internet. According to Bloomberg (2012): The court, without comment, refused to hear Tenenbaums challenge to a law that let the recording industry collect thousands of dollars from individuals for such downloading. The jury was told to impose damages, set by US copyright law, of between $750 and $150,000 per violation. Jurors set a rate of $22,500 for each of 30 songs he downloaded. (para. 2) A jury subsequently ordered Tenenbaum to pay $675,000 in fines directly associated with each of the 30 illegally downloaded and shared songs. "I find it hard to believe that the legal system would uphold a six-figure sum against someone just for downloading music," Tenenbaum...
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...sense that it must be a conscious exercise of the will. Rationale: An involuntary act will not be deterred by punishment. Not voluntary // not liable: Conduct that is not the product of the actor’s determination. E.g. A shoves B into C w/ result that C falls to death. Reflexive or convulsive acts Acts performed while the D was either unconscious or asleep UNLESS the D knew that he might fall asleep or become unconscious and engaged in the dangerous behavior. MARTIN V. STATE: Police arrested drunk Martin at home and brought him to highway – convicted of being drunk on highway Criminal liability must be based on conduct which includes a voluntary act or omission to act which was physically possible to be performed. Rationale: Law rests on premise that wrongful act must be chosen Volition separates an act from a bodily movement. My arm went up v. I raised my arm – you will your body to move PEOPLE V. DECINA: Epileptic suffered a seizure while driving;...
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...QUESTION 1a) Interpretation is the elucidating of any form of communication. This can help give meaning to words. Common law principles are sometimes elucidated by judges in the settlement of cases. In interpreting legislation there are rules one needs to adhere to, to construe the meaning of words. In courts the starting for the interpretation of statues is the Literal Rule. All words in a statue which are given their ordinary and natural meaning, the Literal Rule gives it. Even if the outcome or result is silly, under this rule the Literal meaning must be followed. In R v The City of London Court Judge (1892) Lord Esher stated that once words have clarity in an act they must be followed even if they lead to manifest absurdity. An example of the Literal Rule was in the case of Whiteley v Chappel (1868) states that in the aim of preventing electoral malpractice a statue made it an offense to impersonate ‘any person who was entitled to vote’ at an election. The accused had impersonated the dead and therefore he was acquitted. A dead person was clearly not entitled to vote. Advantages of the Literal Rule are that it promotes certainty. It reduces litigation and it is constitutionally correct. Disadvantage of this rule is that it is an automatic and unthinking response. It fails to take into account of the inevitable imperfection of draftsmanship. Often may the Literal Rule be the correct one but it is not automatically so. When the answer to the problems cannot be found in...
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...Daylon Owens Professor Tighe Global Business 5/16/16 Global Marketing in Africa We have talked about power house global business and nations who lead the way in marketing but I want to talk about a place in this world that has potential but seems to be neglected when It comes to business and always moving forward. What do global marketing and Africa have in like manner? Both make a case for gigantic potential for development. We're looking at developing significance in global organizations' techniques and sight lines for business sector extension. Seven of the 10 quickest developing economies on the planet are in Africa, and its five percent development rate is driving whatever is left of the world. Furthermore, with regards to global marketing endeavors, globalization is an arousing power driving organizations down the way of universal advancement. I expect more computerized accentuation. Web access is expanding around the world. In business sectors where wireless securing is developing at a fast rate, outpacing landlines and mobile phones serving as the indispensable connection to trade, it bodes well that marketing would travel in that course. Yet, I accept social standards are still important when building up a marketing technique. Indeed, even with incredible administration and awesome ability, associations need individuals who are socially sufficiently capable to explore today's global business scene. Associations must develop...
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...and so has the risk that such transactions may be intercepted and diverted. Valid credit card numbers can be intercepted electronically, as well as physically; the digital information stored on a card can be counterfeited. Of course, we don't need Willie Sutton to remind us that banks are where they keep the money. In 1994, a Russian hacker Vladimir Levin, operating from St Petersburg, accessed the computers of Citibank's central wire transfer department, and transferred funds from large corporate accounts to other accounts which had been opened by his accomplices in The United States, the Netherlands, Finland, Germany, and Israel. Officials from one of the corporate victims, located in Argentina, notified the bank, and the suspect accounts, located in San Francisco, were frozen. The accomplice was arrested. Another accomplice was caught attempting to withdraw funds from an account in Rotterdam. Although Russian law precluded Levin's extradition, he was arrested during a visit to the United States and subsequently imprisoned. (Denning 1999, 55). The above forms of computer-related crime are not necessarily mutually exclusive, and need not occur in isolation. Just as an armed robber might steal an automobile to facilitate a quick getaway, so too can one steal telecommunications services and use them for purposes of vandalism, fraud, or in furtherance of a criminal conspiracy.1 Computer-related crime may be compound in nature, combining two or more of the generic forms...
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...Mary Surratt: Accomplice or Innocent Bystander Mary Surratt was a woman of many firsts. She was the first woman to ever be executed by the United States federal government. Her crime was suspected involvement in the first United States President assassination. This is better known as President Lincoln’s assassination by John Wilkes Booth. But how much did she really know about the scheme? Was she an accomplice to Booth, like many others including her son, or was she an innocent bystander who accidently got involved with assassins? Many people have heard of the John Wilkes Booth, Abraham Lincoln’s shooter, but few have heard of the people behind the scenes of the assassination. Some of the people suspected to be involved included Lewis...
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...individuals who own or work at the organization, including accomplices, board parts and workers. Outer stakeholders are those influenced by the execution of a business, including the nearby city government, group occupants, not-for-profits a business backer or gives to and the exchange media. Associated stakeholders incorporate shareholders, merchants, suppliers, retailers, foremen, clients, wholesalers, deals reps and wholesalers. Internal Stakeholders The execution of a business straightforwardly influences the wallets of inside stakeholders, and administration must consider the budgetary impacts of its exercises on this gathering. Poor choices harm benefit, which decreases a holder's advantage, workers' chances for raises, rewards and expanded assets, board parts' risk and accomplices' workloads. A manager must consider the response of his staff before he expands working hours, passes the work of an ended representative onto remaining staff, lessens profits, finishes working from home or takes different activities that change his staff's circumstance. Board parts give administration expansive objectives and systems and oblige the organization's authority to run key choices by them, including those concerning money related objectives, brand administration, new product offerings or acquisitions. External Stakeholders Part of the business and nearby group needs organizations that advantage them to succeed. A business will be more averse to ship occupations away in the event...
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...did connect with the tenant in talking business and since she as of now is a representative who draws in others in composed contracts as a landowner she ought to have known not to sign an archive that she had not read. Lack of awareness is not a reason in law subsequently it was her privilege as a specialist to peruse the lease deliberately even more than two or three days is she needed before making all needed endorsements. Sudson is a systematic some other and they take part in business bargains that are good to them as an element since they are out to profit and all things considered they ought not be considered responsible for the misinterpretation on their customer's part. They reviewed an agreement and the resident did sign accordingly consenting to the terms and conditions set forth by Sudson Laundry Services. Sudson can contend that it was an authentic organization that draws in its business accomplices in lawful contracts in order to have a legitimate concession to what sort of connection they have and that was what they were going for when composing Letisha her agreement. The marked contract was only a path for Sudson and Letisha to have a legitimate tying as to their business dealings and engagements together and by marking it Letisha was lawfully bound by all the provisions in that...
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... Gilbert S Teniente March 16,2009 Euthanasia The different between the legal aspects of euthanasia and physician assisted suicide can be looked at by two different sides. The terminally ill patient should be allowed to end their lives with dignity, physician assisted suicide is a compassionate solution to human suffering, and should not be criminalized, and that doctors be in the business of saving lives not ending them. Allowing physician to aid in suicide makes them accomplices in an immoral and unethical act. Every individual has dominion over their body and should be allowed to decide when to end their life. To achieve that end, with dignity and without pain doctors should be allowed to aid terminal patients by providing necessary dose of drugs. The only other place in the world that currently have legalized euthanasia are Columbia, Japan, and Netherlands. Many pro life activists believe that the choice between life and death belongs to God, not to an individual. Our society today does not condone suicide under any circumstances and there is no moral difference in this case. In addition it is felt that many terminally ill patients...
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...advocated. Whether regular citizens believe the organizations of justice is integral to the idea of procedural equity. That is, the place the general population believes the success of the justice framework, it will present authenticity on those institutions. A noteworthy group of examination illustrates "open perceptions of the justice’s reasonableness framework in the United States are more critical in molding its authenticity than observations that it is effective." Where people in general have trust, it will authorize law authorization with authenticity; and when it does as such, it is flagging that the general population's ethical estimations of good and bad are adjusted to those of its police organizations. On the other hand, authenticity disintegrates when regular people are dealt with unreasonably and general society is left with the conclusion that police offices are not accountable. The absence of trust is not widespread and devotements over law implementation time after time decay into vituperative attacks over the police's character and in addition protestors. Such arguments, thusly, "affect debate" over the suitable configuration for responsibility mechanisms. On August 7, 2015 a white rookie cop shot and slaughtered an unarmed black school football player who the...
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...Business Law Contract and negligence Done by: Name.............................................................................. College Id....................................................................... TABLE OF CONTENTS Question 1.1................................................................................page 3 Question 1.2................................................................................Page 3 Question 1.3.................................................................................Page 4 Question 2.1.................................................................................Page 4-5 Question 2.2.....................................................................................Page 5 Question 2.3......................................................................................Page 5 Question 3.1.......................................................................................Page 6 Question 3.2......................................................................................Page 6-7 Question 3.3........................................................................................Page 7 Question 4.2.........................................................................................Page 7-8 Question 4.3.....................................................
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...theft and assessed his punishment at two years confinement and a $10,000 fine. CR 83 The trial court sentenced him accordingly. CR 83 In a single issue on appeal, Appellant argues that the trial court erred by failing to give an accomplice-witness jury instruction, thereby causing egregious harm. ∆B 2-3 We affirm. Background Facts On April 16, 1990, H.L. Bowen Sr. devised his personal property located on land in Ovalo, Texas to his grandson H.L. Bowen III. RR 2-142 RR 2:143 The personal property included timeworn vehicles and personal effects that the Bowen family had been restoring for generations. RR 2:140 The underlying offense in this case involved the theft of numerous items of personal property from that land. RR 2-142 RR 2:143 Juan Keeling, a Pine Street Salvage employee, testified to his involvement in the crime. On September 9, 2012, Keeling observed Appellant bring in scrap metal for...
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...operation and not allowed the company to be used as a person asset by corporate executives. 2) The way bonus’ are structured speak in great volume about a company when set up unethically. The way Enron’s bonus’ were structured so that employees were more concerned with the stock price than the state of the business. To the point that a dropping stock price was so unacceptable that employees were willing to lie, cheat, and steal to keep it on the rise. This meant defrauding investors and eventually collapsing a once profitable and respectable company. This system of a bonus is very corrupting. 3) Technical compliance with the law and ethical obligation are two completely different topics. When looking at the law it never seems to fail that there is some sort of loop hole. It is possible to completely comply with the law yet mislead and lose complete trust of stockholders due to failing to act ethically.(P.11-12) It is not only unacceptable but sometimes prosecutable by law to exploit gray areas of law for profit. At this level the main driver behind the decision making process should be to reconcile by any means possible. 4) In order to assure the business operated within the realm of obligated legalities as well as in compliance with the company’s ‘ethics and values’ there are numerous things that could have been done....
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...ENVIRONMENT OF BUSINESS MEANING AND DEFINATION OF TREMS: Legal: Permitted by law. Legal Force: Power and limitations that arise by legislation and interpretation of laws. Interference: Handle something without permission. Statute: Written Law. Keeping the peace: Example: stopping from making certain activities such as crimes. Shaping moral standards: Example: Law that discourages drug and alcohol abuse. Promoting social justice: Example: Prohibit discrimination in employment. Maintaining the status quo: Maintaining the existing situation. Facilitating orderly change: Example: Passing statutes only after considerable study, debate and public input. Maximizing individual freedom: Example: The rights of freedom of speech, religion etc. Trade: Buying and selling of goods and services. Economic: The state of a country or region in terms of production and consumption of goods and services. Private law: Defines legal rights and relationships between two or more parties. Example: Contract between landlord and tenant. Public law: Regulate structure and administration of the government, the conduct of the government in its relation with citizen. Secured transactions: Is a loan or a credit transaction in which the lender acquires a security. Negotiable instruments: Transferable document containing unconditional promise or order to pay specified money. Example: Bank note, cheque or draft. Nations: Different countries. Legislative: Making or having the power to make laws. Legislative...
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...Draft Assignment 2: Ethics and Corporate Responsibility in the Workplace and the World Stakeholders:- The Stakeholders in this case are:- 1. PharmaCARE 2. PAC 3. The People and Government of Colberia 4. Executives of the PharmaCARE 5. PharmaCARE Clients Worldwide 6. FDA 7. OSHA 8. MR Alen Jones 9. CompCARE and Employees 10. Doctors and Hospitals who were dealing with CompCARE 11. Donna, Tom and Ayesha 12. Wellco The Ethics of PharmaCARE in Colberia:- Now days it has become a critical measure for companies (small and Large) to abide by ethical standards, which are designed to protect the well-being of society they are operating in and marketing with. In doing so companies, especially big corporations like PharmaCARE, are expected to have certain type of ethical standards as well as embrace and implement (CSR) corporate social responsibility policies and strategies in every aspect of their operation and beyond. According to David Vogel the definition of CSR is ‘practices that improve the workplace and benefit society in ways that go above and beyond what companies are legally required to do’ (Alexander (Sascha) K. Nussbaum). In light of this we can observe that the operational activities of PharmaCARE in Colberia were in fact completely contrary to the company’s claim of caring about the world. In spite of exploiting the people and the indigenous healers of the country, the fact that they did not have a tiny bit of initiative...
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