...Your client wants to file suit, but is unfamiliar with litigation, and may be a tad naïve about the process. Describe, in general, the life of a lawsuit from beginning to end (what pleadings get filed, what is trial like, in general, etc.). Also, please describe the structure of the federal and state judicial branches (what courts are out there). Go on a brief tangent about alternative dispute resolution, and explain the process of mediation and how it differs from arbitration. Although there are different types of cases and each type has a different complexity level, most American courts follow a general procedure. . The person or group that initiates the lawsuit is called a plaintiff and the one being sued is the defendant. Except in criminal cases where the state files the complaint on behalf of the public. In this case the state is referred to as the prosecution but the accused is still referred to as the defendant. In equity cases the accuser is called the petitioner and the accused is the respondent. For the purpose of this explanation we will refer to the person or group that initiates the lawsuit as the plaintiff and the person or group that is being sued as the defendant. Once the plaintiff chooses to file suit, there are papers required in order to bring the situation before a court. These papers are called pleadings. The first of these papers will be the complaint itself. These papers are also referred to as a declaration, petition or bill of complaint...
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...Written Assignment Chapter 8, 9 and 11 Goran Purkovic Davenport University LEGL 710 Prof. Erica Miller Ennis November 7, 2015 Written Assignment Chapter 8, 9 and 11 O’Keefe v. Lee Calan Imports Lee Calan Imports’ product was advertised in Chicago Suntimes with a miss print from Chicago Suntimes’ side. The first thing to many consumers that comes to mind is bait-and-switch, which is deliberately deceptive practice that brings buyers into a physical location of the business when the seller has no intention of selling the item at the price that was advertised (Brown & Sukys, 2012, pp 172). Generally, ads are not considered a binding agreement, but rather a mere request to consider and negotiate (Small Business, n.d.). Therefore, in the case of enormous price difference as no fault of defended (misprint resulted from Chicago Suntime’s side), such as in the case of O’Keefe v. Lee Calan Imports ($700 which translates in 39% of the original price), the court will side with the defended since the ad contained no other terms and cannot be accepted as an offer. Morrison v. Thoelke Morrison sent an offer in a form of a letter to Thoelke about selling a certain parcel of land. Thoelke agreed and responded, but before Morrison received a letter he had a change of heart (Brown & Sukys, 2012). Morrison could reason that he canceled the offer before receiving a letter from Thoelke. However, when there is no face to face negotiation, the question arises as to when...
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...ETHICAL REASONING ASSIGNMENT By :Lina Cassis 500389711 LAW 122-011 491 Word The issue that is raised in Martha’s situation is the fact that she made a statement about Bob in public that could ultimately ruin his reputation. The legal aspect of this issue is the fact that she made a defaming statement about Bob. Defamation can either be slander or liable, although it was slander when Martha communicated a wrongful accusation “that Bob is not a man of his Word” to a third party(TBREA) that caused them(assuming they are reasonable people) to have a lower opinion of Bob, which can cause his business to suffer. The ethical aspect of this issue is the fact that Martha being a reasonable person should have known that it is ethically wrong to talk about somebody in a hurtful way especially among his peers. Martha will be liable for defamation. She slandered Bob’s reputation and as a result his clients will doubt his word and his reputation and business as a result will suffer. The statement “Bob just doesn’t keep promises” is indeed defamatory statement because a reasonable person would have thought that it referred to the plaintiff (McInnis,Kerr,Vanduzer; 2014).Member of the (TBREA) knew that Martha was referring to Bob because she made no effort to even hide his name, although if she has just said “he just doesn’t keep his promises” members might not know who she is referring to and consequently would not be a defamatory statement. Martha does not have any defences to the tort...
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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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...that shape the decisions people or organisations make(Termpaper warehouse,2012).http://www.termpaperwarehouse.com/essay-on/Ethics-In-International-Marketing/53994. Today, law suits are filed against erring companies found wanting or in bridge of ethical standards which has increased the need of cautiousness in the way most companies project their image . It summarizes the natural rights and universal values of the equality of all men and women to the law of the land. It also covers concern for the natural environment, health and safety. Read more: http://www.businessdictionary.com/definition/ethics.html#ixzz28xWPwQco Ethics in marketing are the basic principles that governs the business practice of those involved in promoting their products to or services to consumers(Business dictionary.com). Sound marketing ethics however are those practices that do not impact negatively on the consumers. http://www.businessdictionary.com/definition/marketing-ethics.html Ethics has always been the bane of moral studies and value and has been in practice since the ancient times. (Napoleon,1804) in his 36 codes of conduct, noted that all citizens in France, irrespective of place of birth or social status is entitled to fair and equal treatment. As a branch of philosophy, ethics deals with established laws that guide human relationship and behaviour with emphasis on good sense of judgement. Scholars like Aristotle identified character as ''ethos'' which he described as the...
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...AL-HELAL Course Title: Administrative Law Class Roll: ZH-26, 4th Batch, 5th Semester Dept. of Public Administration, University of Dhaka. Cell : 01924202090, E-mail : helal_pad_du@yahoo.com RULE OF LAW IN BANGLADESH: AN OVERVIEW ABSTRACT: "No free man shall be taken or imprison or disseized or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgment of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law, Dicey's theory of 'Rule of Law', rule of law in true and modern sense and rule of law in Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh. INTRODUCTION One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people...
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...The ethical problem in this situation is that through either negligence, unknowing or some other factor pages marked secret from a document that SFC Sharp certified was destroyed were found wedged in between the wall and his desk and another SGT is trying to get you to cover for him by saying all pages of the document were destroyed IAW AR 380-5. By doing what SGT Day is suggesting you are compromising the army values of; Loyalty: Bear true faith and allegiance to the U.S. Constitution, The Army, Your Unit, and other Soldiers. Duty: Fulfill your obligations. Respect: Treat others as they should be treated Selfless Service: Put the welfare of the nation, the army and your subordinates above your own. Honor: Live up to the army values. Integrity: Do what is right legally and morally. Personal Courage: Face fear, danger, or adversity. You would be breaking all these values because yes loyalty says to be loyal to other soldiers but the Constitution, Army, and your unit all play a part and not knowing what those documents could have been used for you don’t know how it would have harmed everything you pledged to be loyal to when joining the military. It’s your duty to report that secret documents were not properly disposed of just like it was SFC Sharp’s duty to make sure that they were properly destroyed to begin with. With respect you could bring what you found to SFC Sharp to inform him of your intentions. Selfless Service by not reporting the problem because again...
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...Nike, Inc. was founded in 1964 by Phil Knight and Bill Bowerman through an investment of $500 by each individual. Nike, Inc. was then called Blue Ribbon Sports and has evolved from being an importer and distributor of Japanese specialty running shoes to becoming the world leader in the design, marketing, and distribution of athletic footwear. Nike's business model was developed by Knight while attending Stanford Business School in the early 1960's. Knight realized that the United States' consumer appliance and electronic markets were beginning to be dominated by the lower-cost, higher quality Japanese producers. Most of the leading footwear companies were still producing their own shoes in higher-costing companies such as the United States and Germany, and Knight believed that by outsourcing shoe production to lower-cost Japanese producers, Blue Ribbon Sports could undersell its competitors and break into this market. As a result of this model, Blue Ribbon Sports began to import sports shoes from Japan and sales increased to almost $2 million in the early 1970's. Nike employers approximately 25,000 people on worldwide. In addition, approximately 650,000 workers are employed in Nike contracted factories around the globe . Nike owned over 200 Nike Factory Stores and over 100 sales and administrative offices. Many people these days are angered by the steps that corporations take simply to make money, and it is quite disgusting in some of the ways a corporation operates. Rallies...
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...ESTONE NJUGUNA I.D. 000447804 THE SCOTTSBORO BOYS This account clearly depicts the civil rights violation and the extent to which racism was deep rooted especially in the Southern states. The entire systems in place did not favor black people and harsh conclusions were drawn without enough or substantial evidence. The way the white’s reacted after the announcement of the invasion and their regrouping at the railway station armed with guns shows the urge to kill and eliminate black people. It was widely believed that the black men’s desire was to rape white girls, a notion that further worsened the hatred among the two races. To substantiate this belief, the two girls who claimed to be victims of rape knew pretty well that they would cover their immoralities by framing the black boys and still get away with their sins by attracting the mercies of the entire white community. Judicial System The right to a fair trial during this era of civil strife was a more than a privilege among the black community. The judicial system: prosecuting counsel, the judges and the defense lawyers was comprised of white people only. That meant that as a black person, getting legal representation was a compromise since you were at the mercies of white attorneys. According to this case, the way the New York attorney describes his clients after going back home leaves a lot to be desired. He even goes further to confess that his clients were guilty, an act that can only be referred to as being...
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...censorship is justified is always a controversial issue that attracts great public attention, and views of different people might vary greatly. As far as I am concerned, I tend to think that the censorship in China is somehow justified otherwise how can China developed so rapidly for the recent years. I know there are many voices against the censorship of our country, but let’s think from another way, how can we build our welfare and prosperity culture without certain kinds of proper censorship in china? Censorship is the best justified method to make sure everyone's rights. In a society which is made up by variety of people, there must be some law that everyone follows to make the society in order. Justification means everyone is treated the same; anyone who obeys the law will have their rights equally; anyone who offends the law will be punished or circumscribed. Justification doesn't mean that, as someone thinks, everyone can do whatever you want to do because that will make the society happens to be in chaos. In today's modern society, censorship is everywhere in all sorts of media, TV, Internet, etc. It is necessary for government to use censorship to prevent illegal or harmful information which is now contaminating the minds of many people, especially those teenagers like me. As one of the teenagers myself, I am sure that all of us can be easily addicted to these materials. These will do great harm to both our mental and physical developments. How to prevent teenagers'...
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