...Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal law an issue? Is a federal law violate? Federal...
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...Tutorial 3 1. Happening Place Pte Ltd is regulated by Table A of the Fourth Schedule of the Companies Act. Tuf Tan holds 45% of the shares in Happening Place Pte Ltd. Advise Tuf Tan and the directors as to the following: a. The directors appoint Payne Soh as the company’s public relations officer (ie an employee). Payne Soh has a personal conflict with Tuf Tan on one occasion. As a result, at a requisitioned meeting of the members Tuf Tan manages to get a resolution directing the directors to fire Payne Soh. The directors refuse to obey. Answer: The issues in question are whether the directors are entitled to disobey the decision of the member’s resolution to fire Payne Soh and what rights does Tuf Tan has after the refusal to proceed with the resolution. Under section 157A and Article 73 of Table A of the Fourth Schedule of the Companies Act (Cap. 50), the directors are conferred with the right to manage the business of the company under their direction. On the facts, the act of firing an employee, such as Payne Soh, is a management decision. Tuf Tan, as a member of the company, does not have managing rights and the power to enforce a decision on the directors. This is also supported by Automatic Self-Cleasing Filter Syndicate Co Ltd v Cunningham [1906] 2 Ch. 34 where the court stated that since the directors were conferred the power to determine such issues under the articles of the association, the members could not interfere. Therefore, the...
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...Contents Page 1 First Scenario ------------------------------------------------------------------------------------ 3 1.1 Was there a Contract Formed? 1.2.1 Existence of Offer 1.2.2 Existence of Acceptance 1.2.3 Existence of Consideration 1.2.4 Existence of Intention to be legally bound 1.2 Terms v Representation 1.3 Condition v Warranty 1.4 Remedies for Breach of Condition 1.5 Exemption Clause 1.6.5 Incorporation by Signature 1.6.6 Incorporation by Notice 1.6.7 Construction 1.6.8 Unfair Contract Terms Act 1.6.9.1 Reasonableness 1.6.9.2 Hire-Purchase Act 1.6.9.3 Misrepresentation Act 1.6.9 Legal Advice 1.6 Misrepresentation 1.7.10 Materiality Test 1.7.11 Actual Inducement Test 1.7.12 Types of Misrepresentation * Fraudulent Misrepresentation * Negligent Misrepresentation * Innocent Misrepresentation 1.7.13 Remedies for Negligent Misrepresentation 1.7.14 Legal Advice 1 Second Scenario ----------------------------------------------------------------------------- 14 2.7 Fraudulent Misrepresentation 2.8 Remedies for Fraudulent Misrepresentation 2.9 Legal Advice 1 First Scenario In order to address if Will is legally bound to purchase the art piece from grace or whether he can sue grace for...
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...DUE DILIGENCE MEMORANDUM TO: JJJ Company FROM: Riordan Manufacturing DATE: September5, 2012 RE: JJJ Company to complete the Due Diligence to complete by- Setember5, 2012- For any transaction takes place. As a result to the investigation of the proposed acquisition, Riordan Manufacturing needs more information from the company to make a firm decision on behalf of the company. Please provide us with the information stated below. Please note this memorandum is designed so you can indicate your response on the form, in substantial time frame. Accordingly, please check all appropriate boxes to the right that apply to you as indicated in the request make sure to indicate whether the boxes is applicable or not applicable and relevant documents or explanation is enclosed. To make sure your response item satisfies the responses request in other items, please so states. Unless something else different is stated, please enclose all requested information for your company and all of its subsidiaries. Make sure that all documents are completed and sign on the last page as indicated in the request and return a copy with the memorandum to Riordan Manufacturing, along with the applicable documents. When sending the documents to the company makes sure to retain a copy to help facilitate the preparation of the schedules to the definitive purchase agreement. All information that is provided will be treated...
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...DUE DILIGENCE MEMORANDUM TO: JJJ Company FROM: Riordan Manufacturing DATE: September5, 2012 RE: JJJ Company to complete the Due Diligence to complete by- Setember5, 2012- For any transaction takes place. As a result to the investigation of the proposed acquisition, Riordan Manufacturing needs more information from the company to make a firm decision on behalf of the company. Please provide us with the information stated below. Please note this memorandum is designed so you can indicate your response on the form, in substantial time frame. Accordingly, please check all appropriate boxes to the right that apply to you as indicated in the request make sure to indicate whether the boxes is applicable or not applicable and relevant documents or explanation is enclosed. To make sure your response item satisfies the responses request in other items, please so stated. Unless something else different is stated, please enclose all requested information for your company and all of its subsidiaries. Make sure that all documents are completed and sign on the last page as indicated in the request and return a copy with the memorandum to Riordan Manufacturing, along with the applicable documents. When sending the documents to the company makes sure to retain a copy to help facilitate the preparation of the schedules to the definitive purchase agreement. All information that is provided will be treated...
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... * Internet and digital firm techs make it easier to assemble, integrate and distribute info, unleashing new concerns about appropriate use of customer info, protection of personal privacy and protection of intellectual property * Other issues: establishing accountability, setting standards to safeguard system quality, and preserving values and institutions * 5 moral dimensions of the info age * Info rights and obligations individuals/firms possess in respect to themselves * Privacy – Claim of individuals to be left alone, free from surveillance/interference from other individuals, organizations, or the state; claim to be able to control info about yourself * Privacy in public spaces * Data storage & exchange * Laws & expectations in US Vs. EU & Australia * Protecting traditional intellectual property rights in digital society * Who is held accountable and liable for harm done to info and property rights * System quality: standards of data and system quality to protect individual rights * Quality of life: preservation of values in an info and knowledge based society * 4 technological trends of concern * Computing power doubles every 18 months Increased reliance on, and vulnerability to, computer sys * Data storage costs rapidly declining Multiplying database on individuals * Data analysis advances Greater ability to find detailed personal info on individuals * Networking advanced and the Internet Enables moving...
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...of Repugnancy : The Law Legal Blog The Legal BlogLex Crawler : The Best Legal Search EngineSubmit your Legal QueriesBare ActsAdvertise with UsContact Us Legal Blog on the Social Networks .......................Follow Us on Twitter ...Become a fan in Facebook... Add This to Buzz... Add Linkedin... RSS Feed.... Follow NLD Wednesday, August 24, 2011 Doctrine of Repugnancy : The Law Justice M.K. Sharma Supreme Court of India The Supreme Court in Zameer Ahmed Latifur Rehman Sheikh Vs. State of Maharashtra has examined the law relating to the Doctrine of Repugnancy. In essence, Part XI of the Indian Constitution describes the legislative relations between the States and the Centre. Further, Article 254 establishes the doctrine of Repugnancy which acts as a safeguard to solve disputes arising between the states and the Union. The term ‘Repugnancy’ means inconsistency between the State-made law and the Union-made law. The relevant extracts from the judgment are reproduced hereunder; 46. Before we proceed to analyze the said aspect, it would be appropriate to understand the situations in which repugnancy would arise. 47. Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of the Parliament and the legislature of the States. Article 245 of the Constitution provides that the Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any...
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...Biz Law Assignment: A) Mcdonald’s 1) - Civil law – mcd staff should hazard sign to warn passer-by about the spill. - Tort law – a spill at the front of Mcd’s cause the cleaner to fall and suffer injury. - Contract law – the building has a system that whenever there is a spill, the cleaner should stop and mop the mess. Breach the law because she is not aware and cause the incident to happen herself. 2) = Organise and plan with reasonable certainty all the contract. - The building has an appropriate system in place to deal with the spill such as stop, putting a hazardous sign to warn customers first as well as to clean up the mess. = Lay down the rights, duties and powers of members of different classes and groups = The law defines the right and duties of an employee: rights (work in a safe work environment); duties (to come to work, do your job, act in the best interests of your employer) o The law defines the right and duties of an employer: rights (for your employees to come to work, do their job, act in your best interest); duties (pay employees for their, provide a safe work environment) - The building has an appropriate system in place to deal with the spill such as stop, putting a hazardous sign to warn customers first as well as to clean up the mess. =Permit, encourage, forbid or discourage particular activities. * Encouraged to put up a hazard sign on spilt area. * Encouraged to wear safety shoes during working hours to prevent...
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...EXAM I. Understanding the difference between your law school experience and the California Bar Exam (CBX). A. B. The CBX is a comprehensive exam The CBX uses different testing techniques 1. Cross-over essay questions 2. Multistate Bar Exam (MBE) 3. Performance Test (PT) The CBX is a pass/fail exam: all you need is scaled 1440 out of 2000 points Relative weights in calculating final scaled score: 65% Written: 6 essays (100 points each=600 possible raw points) 39% 2 PTs (200 points each=400 possible raw points) 26% 35% MBE: 200 MBE questions=190 possible raw points (10 not graded) C. I. Develop a strategy to pass the California Bar Exam A. The substantive law - why all subjects on the CBX aren’t created equal Torts Contracts Real Prop R e m e d I e s Evidence Civil Pro Prof Resp Wills Trusts Comm Prop Con Law Crim L. & Pro Biz Associations 1. 2. 3. Essay & MBE subjects: Torts, Contracts, Real Property, Constitutional Law, Criminal Law & Procedure, Evidence Remedies Essay only subjects: Civil Procedure, Wills & Trusts, Community Property, Business Associations, Professional Responsibility B. Understanding each part of the CBX 1. 2. 3. ESSAY MBE PERFORMANCE TEST C. III. Managing the time crunch Practice, Practice, Practice CONVERTING RAW SCORES INTO SCALED SCORES Sample of a Passing Scorecard for July 2007 CBX MBE WRITTEN ESSAYS 1. 55 2. 60 3. 70 4. 65 5. 65 6. 60 Con Law Contracts Crim/Crim Pro Evidence Real Prop Torts ...
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...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
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...that breaks the Immigration Law should be punished, even if they are not citizens of the country. According to Perez (2001), “In 1986 Congress passed the Immigration Reform and Control Act that, among other things, granted amnesty to illegal immigrants who could demonstrate continual residence in the United States prior to 1982” (Perez, 2001). Because of this law, millions of illegal immigrants can use this act to become citizens of the United States. | According to Mirram-Webster (2012), “amnesty means that the act of an authority (as a government) by which pardon is granted to a large group of individuals” (Mirram-Webster, 2012). Therefore, amnesty is unfair and unconstitutional because all of the illegal immigrants that come into the United States are pardon after they have violated the laws in this country. Why do we continue to allow these illegal immigrants to go unpunished? If it were some of the U.S. citizens breaking this law they would not be granted amnesty; they would be treated differently, so why illegal immigrants should be pardoned? Robert Byrd (2001), a West Virginia senator, says, “Illegal immigrants who have worked for many years in the United States should not be granted amnesty” (Byrd, 2001). Illegal immigrants who work in the United States should be punished because they do not have green cards or permission from the United States to come to America. Although amnesty is an approved law, many peoples do not agree with this law. On the other hand, some Americans...
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...Few good man Time from time you may hear stories of abuse by the military justice "system". There are multiple destroyed and financially devastated families out there suffering heartbreak and loss at the hands of an uncaring, unfeeling and unjust process which makes a mockery of our Bill of Rights. Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. What's special, or even topical, about A Few Good Men movie is it speaks to how military honor can be so readily suborned by the authoritarian impulse. And second, how the same honest pride - not to mention competence - is necessary to bring such posturing would-be tyrants to justice. The main issue the movie touches upon is military justice. A good marine abides by the following code: 1. Unit 2. Corps 3. God and 4. Country For this code to be at its effective best, it must be governed by truth and justice. What happens when truth and justice fail to be active participants of this code? Justice has been defined in many ways...
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...Akhil Kaushal P According to The Transparency International 2006 Corruption Perceptions Index: • Most honest countries – Finland, New Zealand, Iceland, Denmark and Singapore • Most corrupt countries – Haiti, Guinea, Myanmar, Iraq, Bangladesh, Chad, Congo and Sudan • China, Brazil, Ghana, Senegal, Peru, Mexico, Saudi Arabia, India and Egypt all rank in the middle Lack of resources Explosive population growth Need stronger and more effective institutions Lack of democracy Ineffective judiciary Unfair elections Lack of free media From The Bulging Pocket and the Rule of Law: Corruption, Inequality, and Trust Inequality –> Low generalized trust & High in-group trust –> Corruption –> Inequality The dilemma of low trust in strangers and high trust only in your own group Inequality and in-group trust lead to clientelism This pattern is difficult to break Two types of inequality: Economic inequality Unfair legal system Makes it more difficult for the poor to have access to the legal system Shielding people at the top Democratic institutions are not sufficient to curb corruption Media consumption, centralization, federalism, the nature of the electoral system, the level of wages paid to officials also don't matter Structural reforms may not matter much for corruption, however: • Democratic countries are far less corrupt than nondemocracies • Countries with strong democratic...
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...Stand Your Ground Gerald Makey SOC 205 Strayer University The “Stand-your-ground law validates a person in using any physical force including deadly force, when they are not involved in illegal activity and is in a place where he or she has the right be, they have no obligation to haven and have the right to stand their ground. A quick breakdown of this law is that it give a person legal cover in the event that they find themselves in a certain situation in which their survival, or the preservation of their family necessitates them to stand their ground and use a weapon for defense. This law can be referenced back to the Supreme Court case Beard v. United States, 158 U.S. 550 (1895). It is defined in this case that, “A man assailed on his own grounds, without provocation, by a person armed with a deadly weapon and apparently seeking his life is not obliged to retreat, but may stand his ground and defend himself with such means as are within his control; and so long as there is no intent on his part to kill his antagonist, and no purpose of doing anything beyond what is necessary to save his own life, is not guilty of murder or manslaughter if death results to his antagonist from a blow given him under such circumstances (www.justia.com). In Houston, Texas a “Stand-your-ground” case has brought a lot of attention, but also a lot of controversy. In this case Raul Rodriguez was found guilty of killing his neighbor over a dispute over loud music. Rodriguez who was a retired...
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...Jacob Frederick 5-29-12 Buller Composition II Marijuana: Medicine or Menace? I have had strong feelings about this issue before it was even brought up as a topic for debate in our class. My opinion on the topic has not changed in the slightest, but I did learn a lot of interesting details concerning it. I have always felt that marijuana should be legalized, or at the very least, people with serious medical conditions should have access to it. And marijuana doesn’t even have to be legalized in my opinion, but it should definitely be decriminalized. I don’t think anyone who wants to smoke a plant that they grow themselves should have to suffer consequences, considering they are responsible in their recreational smoking. I do feel that if it were legalized, that there should be an acceptable age limit to buy and/or consume marijuana, comparable to that of alcohol. There are beneficial as well as harmful effects concerning marijuana, but that goes for a lot of things people do in everyday life. And I feel that a lot of time has been spent shining the spotlight on the harmful effects of marijuana, while little research has been done or even allowed, on the benefits of marijuana. While preparing for the debate, I encountered many sources on each end of the spectrum; including some in the middle. Many of the sources I looked at seemed rather credible, but others were most definitely biased. One example of a blatantly biased comment was, "Most pot smokers drink alcohol heavily...
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