...Albert Einstein, once quoted that it has become appallingly obvious that our technology has exceeded our humanity. All the more in this digital age of ours, technology has encapsulated humanity into one global village. It is rightlyfull that innovators of these technology and content providers ought to be rewarded and such was the decision in the recent Court of Appeal case pertaining to BT Plc and TalkTalk Telecom Group Plc -v- Secretary of State for Culture, Olympics, Media and Sport and others. The case in question reaffirmed the validity of the the UK Digital Economy Act. This Act was pushed through by Lord Mandelson, then Secretary of State (SoS) for Business, through a wash-up process; that is after a general election had been called and before the dissolution of parliament, through an accelerated parliamentary process to rush unopposed legislation. The Act received Royal Assent on 8 April 2010, and came into force on 8 June 2010. Parliament is expected to ratify the draft Ofcom Code and draft Shared Costs Order early next year, providing they are passed by the House of Lords, House of Commons and European Commission. Online copyright infringers are to be issued with the first letters warning them about their behaviour, with such notifications due to be issued from early in 2014. The UK Digital Economy Act, like it or loathe it, has been surrounded by an odour from the beginning, and the stench is getting ever more vile. Documents released from Lord Mandelson’s...
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...2) Identify circumstances where prior notice of enforcement action is not required 3) Identify circumstances where prior notice of enforcement action is required 4) Identify the appeals process Overview The goal of FSIS is to protect public health by maximizing compliance with laws and regulations governing the production of meat and poultry products. The food-producing establishment has the responsibility to comply with the regulations and to produce a safe and wholesome food product. FSIS has the responsibility to verify that the establishment meets regulatory requirements. You ensure that establishments adhere to food safety regulations by conducting inspection verification activities and taking enforcement action when needed to ensure food safety compliance. Let’s clarify the meaning of some of these terms. Inspection includes all actions the Agency may take to examine the establishment and its processes, products, and systems. Enforcement actions are those the Agency takes when an inspector determines that the establishment’s plans and systems are not in compliance with laws and regulations. There is a range of enforcement actions that FSIS uses. Some examples of enforcement actions are regulatory control actions such as slowing or stopping the slaughter line, rejecting equipment or processing locations, or retaining product; withholding actions; or the suspension of inspection. We will discuss these actions in more detail later in this module. The Rules of Practice, 9...
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...The Legal System and ADR Analysis Xxxxxxxx Xxxxxxxx LAW/531 January 1, 2015 D The Legal System and ADR Analysis This report is prepared for John Smith the president of American Federal Mortgage, Ltd. It summarizes a lawsuit filed against American Federal Mortgage, Ltd. by Federal Resources, LLC. The two firms have been engaged in an ongoing business relationship for seven years. This report reviews: 1. How this case would be processed throughout the various legal phases of the Nevada court system. 2. How this case could be resolved using an Alternative Dispute Resolution (ADR). 3. A comparison of costs and benefits between the court system and using ADR. Parties American Federal Mortgage, LTD (AFM) a Nevada corporation. AFM is the defendant in this lawsuit. Federal Resources, LLC (FR) a Nevada Limited Liability Company. FR is the plaintiff in the lawsuit. History AFM has had an ongoing relationship with FR for seven years. The relationship is twofold: 1. FR is the overnight Repo lender for AFM. FR loans AFM up to a maximum of 90% of AFM’s daily note receivables that have not been pledged with AFM’s line-bank. The average amount of these daily transactions is between $800 thousand and $1 million. This Repo relationship is governed by a master-contract that was drafted by FR. 2. FR is the beneficiary of three long-term promissory notes from AFM. These notes had an original face value of $600 thousand and have a current principal balance of approximately...
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...part of a women’s beauty care, whether it’s retro 1970s or cool 2013. The ad that I chose to analyze is for the Natural Wonder nail polish. This ad was published in The Australian Women’s Weekly on February 11, 1976. The ad shows a women’s face covered with several hands over her eyes, and all the finger nails are painted in different vibrant shades of Natural Wonder nail polish. The model’s lips are adorned with red lipstick, which enhances to the ad’s visual appeal. The color palette used in this ad is very attractive and bright, and the photography is impressive. Underneath the photo is the narration of the ad, advising that this nail polish is a revolutionary product, as it does not only make nails beautiful but strong. The use of alluring vocabulary, different sizes of fonts and concise information leaves the reader with a clear sense of how the product works. The Natural Wonder, “Where Beauty Begins” is a rational, inspiring and persuasive ad, which justifies the appeal to credibility, appeal to emotions and appeal to reason. There are two aspects which make this ad believable and credible. Firstly, its publication in the Australian Women’s weekly magazine. The Australian Women's Weekly, launched in 1933, is the most widely read magazine in the history of Australian publishing. The magazine was first introduced as a weekly publication (National Library of Australia). Secondly, “the United States based cosmetics brand, Natural Wonder, which was operated by Revlon Consumer...
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...Exhibit 3, at p. 1; Exhibit 2, at ¶2, §1. The ARP was appealed to the Commissioner of Corrections and date stamped received on November 1, 2016. Exhibit 3, at pp. 17-18. Mr. Shortz raised several new issues is his ARP appeal complaining: (1) that he did not receive a time response from the institution, (2) that the response did not address his discrimination claim, (3) inquires why the need for personal wheelchair paperwork was not addressed upon his arrival at MCTC, and (4) that the wheelchair confiscation stemmed from a issue with his mother during a visitation rather than a medical concern. Id. The ARP Appeal was found meritorious in part concluding, the warden failed to respond to your complaint within the allowable timeframe ... However, the warden fully addressed your complaint. No further action or remedy will be taken through the ARP process." Exhibit 2, at ¶2, §1; Exhibit 3, at p. 19. On December 27, 2016, Warden Dovey wrote to Commissioner of Corrections, Dayena Corcoran, regarding the partially meritorious ARP advising “The appeal has been investigated and was found to be meritorious-in-part in reference to Wexford Health failing to respond to the complaint within the allowable timeframes. Wexford Health was reeducated on OPS.185.0002.K in processing a request for an Administrative Remedy within the timeframes." Exhibit 3, at, p. 21; Exhibit 2, at ¶2, §1. A second ARP was filed by Mr. Shortz regarding the re-confiscation of his personal wheelchair in a complaint, date...
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...regulation that ensures the U.S. Postal Service will always be a monopoly is the law that was established that states the U.S. Postal service is the only company that can legally deliver first class mail. This law alone is a barrier for any new company that would like to start a post office business. Ownership of essential resources and cost could foster either a monopoly or oligopoly. By being the only company that has a certain item, resource, tool, machine that can produce a product you can effectively dictate how much of that product is the market and how much it will cost. If that resource (like gold) is rare, then only a few companies will have the resources and funding to sustain the losses it takes to start a new business (such as gold processing)....
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...| APPEALS PROCESS | Describing the appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court...
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...draftsmanship are an inaccurate reading of what is, as will be discussed in the course of this essay, a much more complex problem. It is pertinent as a starting point to deal with the matter of the exclusive jurisdiction of the Labour Court in labour related matters, an aspect that suprisingly has troubled many a legal practitioner as the numerous High Court cases over the matter suggest. Section 89 of the Labour Act deals with the functions, powers and jurisdiction of the Labour Court. Section 89(6) of the Act states, 'no court, other than the Labour Court, shall have jurisdiction in the first instance to hear and determine any application, appeal or matter referred to in subsection (1)' and subsection (1) provides inter alia in the applicable paragraph that the Labour Act shall exercise the functions of, 'hearing and determining applications and appeals in terms of this Act or any other enactment.' The import of sections 89(6) and 89(1)(i) of the Act when read in toto is clear and unambiguous to the effect that all labour disputes be dealt with to the exclusion of any other court by the Labour Court, at least in the first instance thus establishing an exclusive jurisdiction over labour related matters. This conclusion is fortified by Makarau JP (as she then was) in the case of DHL International (Pvt) Ltd v Madzikanda( HH – 51 - 2010) wherein in page 2 of the cyclostyled judgment the learned Judge President...
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...BAR EXAMS QUESTIONS AND ANSWERS 2001 GEN TOPIC: RECEIVERSHIP SPECIFIC: REMEDIES Joaquin filed a complaint against Jose for the foreclosure of a mortgage of a furniture factory with a large number of machinery and equipment. During the pendency of the foreclosure suit, Joaquin learned from reliable sources that Jose was quietly and gradually disposing of some of his machinery and equipment to a businessman friend who was also engaged in furniture manufacturing such that from confirmed reports Joaquin gathered, the machinery and equipment left with Jose were no longer sufficient to answer for the latter’s mortgage indebtedness. In the meantime judgment was rendered by the court in favor of Joaquin but the same is not yet final. Knowing what Jose has been doing. If you were Joaquin’s lawyer, what action would you take to preserve whatever remaining machinery and equipment are left with Jose? Why? (5%) SUGGESTED ANSWER: To preserve whatever remaining machinery and equipment are left with Jose, Joaquin’s lawyer should file a verified application for the appointment by the court of one or more receivers. The Rules provide that receivership is proper in an action by the mortgagee for the foreclosure of a mortgage when it appears that the property is in danger of being wasted or dissipated or materially injured and that its value is probably insufficient to discharge the mortgage debt. (Sec. 1 of Rule 59). 2001 GEN TOPIC: WRIT May a writ of preliminary attachment be issued ex-parte...
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...FINAL PROJECT OF LABOUR LEGISLATIONS Submitted by:- Devina Asthana Khushboo Asthana Isha anand Neha soni Case on industrial disputes PETITIONER: ANAND BIHARI AND ORS. Vs. RESPONDENT: RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH IT DATE OF JUDGMENT: 20/12/1990 BENCH: SAWANT, P.B. AGRAWAL, S.C. (J) CITATION: 1991 AIR 1003 1990 SCR Supl. (3) 622 1991 SCC (1) 731 JT 1990 (4) 794 1990 SCALE (2)1286 Summary - Corporation--Drivers--Occupational hazards Development of defective, weak or sub-normal eye-sight in the course of employment--Pre-mature termination of services--Held termination was not retrenchment and consequent compliance with section 25-F not necessary--But termination held unjustified and inequitable--Scheme formulated by the Supreme Court. For relief to drivers--Directions for giving retirement benefits, providing alternative jobs and payment of compensatory amount proportionate to length of service rendered by the drivers. Matter/facts - The termination of services of helper (in C.A.No. 1862) was unjustified and also illegal being in contravention of the provisions of Section 25-F of the Act. The High Court erred in treating his case on par with cases of other drivers. The appellant-workman will, therefore, be entitled to his retirement benefits as a driver from the date of his employment as a helper. He would further be entitled to be reinstated in service as a helper with all arrears...
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...1 JAUFFUR A.F. v THE COMMISSIONER OF INCOME TAX 2005 PRV 6 Privy Council Appeal No 6 of 2005 Abdul Raouf Jauffur v Appellant Respondent The Commissioner of Income Tax FROM THE SUPREME COURT OF MAURITIUS ----------------- JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL Delivered the 21st June 2006 ----------------Present at the hearing:- Lord Nicholls of Birkenhead Lord Steyn Lord Hutton Lord Walker of Gestingthorpe Lord Mance ---------------[Delivered by Lord Walker of Gestingthorpe] 1. Many countries have found that the complexity of their social organisation and legislation calls for the establishment of specialised tribunals to serve as the first port of call for citizens who wish to contest official decisions on such matters as taxation, social security, and planning permission. Such specialised tribunals (which are not courts) perform the function of ascertaining and evaluating the facts relevant to a matter within their special expertise. There is almost invariably a right of appeal from a specialised tribunal to a court, but often the appeal is restricted to questions of law. 2 2. This appeal is concerned with the Tax Appeal Tribunal established by the Tax Tribunal Act 1984 (since repealed, but in force during the relevant period). By section 3 of that Act the tribunal was to comprise (as Chairman and Vice-Chairman) two barristers of at least ten years’ standing appointed by the Public Service Commission and (subsection...
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...International Legal and Ethical Issues Law/421 February 12, 2013 Danny Richey International Legal and Ethical Issues When dealing with International transactions one needs to know how to resolve legal disputes, know some practical considerations of taking legal actions against foreign businesses in another country and what factors could work against CadMex’s decisions to grant sublicensing agreements. Resolving legal disputes internationally requires a different handling of transactions. A contract for the International Sale of Good is a common choice of law as it protects more than local laws. Factors that should be considered are: which country’s court should have jurisdiction to try the legal dispute, which country’s law should be applied to resolve the dispute, and whether any foreign judgment obtained abroad might be enforced in the home country. It is important to consider International arbitration, as it is recognized more internationally then local courts only. Reaching an agreement is quick and less expensive. One of the most important considerations a company must take into account is that not all countries have that same legislation as the Unites States. You have to make sure to look into the rules and laws of the country in which you will be conducting business in. If a case is filed the country has the authority to refuse any additional business transaction in that specific country. Other considerations is the loss financially...
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...Legal Methods and Process The Affordable Care Act ensures your right to appeal health insurance plan decisions which is when you ask that your plan to reconsider its decision to deny payment for a service or treatment. New rules that apply to health plans created after March 23, 2010 spell out how your plan must handle your appeal (usually called an “internal appeal”). If your plan still denies payment after considering your appeal, the law permits you to have an independent review organization decide whether to uphold or overturn the plan’s decision. This final check is often referred to as an “external review.” Many states offer help to consumers with health insurance problems. The Affordable Care Act improves these services with grants that help states start or strengthen Consumer Assistance Programs (CAPs). The states and territories that applied for these grants have received funds provide residents direct help with problems or questions about health coverage. Whether or not your state has a Consumer Assistance Program, you have rights under the health care law, including the right to appeal decisions made by your health insurance provider. If your state does not have a Consumer Assistance Program, some state and federal government offices may still be able to help you determine your rights and solve problems. Florida does not operate a Consumer Assistance Program under the Affordable Care Act. The new consumer protections and benefits of the law still...
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...2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail system and host minor court hearings. The major court cases are...
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...may think that court laws are all the same; in some cases you are right. In Pennsylvania the court systems are very different of the federal system. State courts State courts and federal courts deal with the same outcome; some order of justice. Whether it is on a state level or a federal level they are looking for the same outcome, to get to the bottom of a problem and fix it. State and Federal court laws are both made up of different levels. A state court system is made up of Minor Courts(non- jury criminal and civil cases), Court of Common Pleas(appeals from minor courts and family court), Superior Court(appeals from family court and civil courts), Commonwealth Courts(civil action against common wealth), and Supreme Courts(Requests for Discretionary Appeals from the Commonwealth Court and Superior Court). Federal courts are made up of (United States) Supreme Court are cases about the constitutional law, Court of Appeals are cases about specialty cases that involve international trade and federal claims, District Court can hear all federal cases criminal or minor cases. Bankruptcy cases can be filed here, Bankruptcy Court only bankruptcy cases are filed here. Court of Special Jurisdiction is for the military cases. State laws are only effect the state in which the laws are made and broken. Each state has a different system in which they run the law. Federal laws are effect for the whole nation. Every state must follow the rules of the federal government. No state law can...
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