...Q1.Civil law and criminal law: (A):civil law: the legal action is taken by an individual who suffered loss or harm .burden of proof in civil law to balance of probability .plaintiff(people who suffer)defender(people who do the the threat) 2.criminal law: crime where the offeree against the state. burden of proof is beyond reasonable doubt. public prosecutorial(state) (b):Sources of Malaysian legal system: Low is set of legal principles or rules that govern human contract. source of law can be in two type literary and historical, literary sources are official written sources of law such as law reports and statutes. for literary sources is mainly from three sources which is federal constitution. state constitution and lastly legislation. For the law in Federal constitution it will be apply to the whole country which we can call it supreme law and state constitution will only apply to the particular state. legislation mean the law made by a parson or body which has power to make law .historical source are emphosise the development of the law. historical sources mainly comprised of English law., judicial decision and custom. the English law is adopted as they were suitable to local law conation. For example section 3 at the covil law act,1950 Judicial decision also call cases law ,In judicial decision judge will reter to the particular set df circum stances is binding other court in later cases where the relevant fact are the same of similar. Q2. (A)Judicial precedent:is the...
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...| | | | | La Trobe Law School | | LST2BSL: INTRODUCTION TO BUSINESS LAW | | Subject Learning Guide Semester 12015Melbourne (Bundoora) and DandenongSubject Coordinator: Mr. N. Balu Rao | | ENQUIRIESMr. N. Balu RaoSenior LecturerLa Trobe LawLa Trobe UniversityVictoria 3083 | T 03 9479 2824E N.Rao@latrobe.edu.au | Table of Contents Subject Details 3 GENERAL DETAILS 3 ENROLMENT REQUIREMENTS 3 STAFF CONTACTS 3 SUBJECT DESCRIPTION 4 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 4 FACULTY GRADUATE CAPABILITIES 4 LEARNING ACTIVITY SUMMARY 4 ASSESSMENT AND FEEDBACK SUMMARY 4 LEARNING RESOURCES 5 STUDENT FEEDBACK ON SUBJECT SURVEY 5 ACADEMIC INTEGRITY 5 Schedule of Learning Activities 6 Session Plan: 6 Learning Activity Details 7 Lectures: (Weeks 1-12) 7 Seminars: (Weeks 2-12) 7 Assessment and Feedback Details 8 Learning Resources 11 Readings 11 Academic Language and Learning Unit (ALLU) 11 Learning Management System (LMS) 11 Library 11 Student Support Services 12 Learning Summary 12 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 12 FACULTY GRADUATE CAPABILITIES (FGCs) 12 Make the most of this subject 13 Work consistently 13 Practise legal problem solving 13 Participate in all the learning activities 13 Lecture notes 13 Allow sufficient time for study 13 Become a member of a private study group 13 Policies, Procedures and Guidelines 14 Academic Integrity 14 Special Consideration 14 Extensions, Late Submissions...
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...In any business there are stakeholders. Stakeholders are individuals such as employees, customers, members of the community, and even investors. If someone is affected by a business decision, or if he or she has an interest in the company, then he or she is a stakeholder. Who are the stakeholders of this large company? Joe, District Manager of Computer Operations; Mary, Division Manager—Information Systems; John, President and CEO, the individual who wrote the anonymous letter, the company’s stockholders, customer’s, families of employees, and the community who have an interest or depend of the company for different reasons. What are the interests of the stakeholders? Joe was recently promoted to the position of District Manager of Computer Operations of this company. John is the CEO and received an anonymous letter stating: A recent installed and very expensive computer system does not perform as expected and has not produced the expected results. The computer information system represents a major financial investment by the company. Joe has been aware that the system’s actual performance is like what was described in the anonymous letter. Joe has reported his findings to Mary. Mary tells Joe that John expects a reply to the anonymous letter. Mary wants Joe’s reply to the letter to be a positive statement stating: “The system is performing as projected and that all savings portrayed in the original justification documents are being achieved.” This statement in the letter is...
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...The Functions and Role of Law in Business and Society LAW/421 The Functions and Role of Law in Business and Society The functions and role of law in business and society is to maintain order and decency to the effect of creating an environment that is reasonable, just and productive according to the cultural perspectives of the society in which they are implemented (Scheb&Scheb, 2011; Quirk, Seddon& Smith, 2010). Without law to control the actions of those that are either unscrupulous or simply not mentally capable of understanding or differentiating between right and wrong – society would be chaotic. An excellent example of this would be where there were no controls whatsoever over the stock market and family and friends were able to freely access the material inside information of the corporations their associates worked for. This would clearly lead to an environment where virtually only the very privileged few were able to profit from stock market trades in any significant way. It would also ultimately lead to a far less lucrative market when those who were not privileged simply fell out of the market altogether due to lack of opportunity to benefit from their participation, which dropping out would very likely lead to a severe global recession. In addition to regulating and setting standards for behavior within a society, laws also regulate and set standards for how business should be conducted. Business laws set the ethical standard and expectations...
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...ChangeThis Save to disk [ help ] Hide/Show menus Beyond Snobbery: Grammar Need Not Be Cruel to Be Cool By June Casagrande No 28.04 U x + Not using Adobe Acrobat? Please go to http://changethis.com/content/reader next ChangeThis It’s another radio station in another city in the overwhelming and terrifying process known as a book tour. I’m a first-time author on a very controversial subject—grammar snobbery—just beginning to realize I’m in way over my head. The radio show host wants to know my thoughts on all those people out there who don’t even try to use or to learn proper grammar. Everything about my host tells me that he is, by nature, a democratic and diplomatic kind of guy. But between the lines I think I catch the scent of something else—the passion of the people who see my grammar column in their local newspapers and send me e-mails saying, “As a fellow grammar and usage Nazi …” or, “Keep fighting against abuse of the language!” In my columns, I don’t fight abuse at all. I don’t bemoan others’ crimes against English or wail about how it’s going into the crapper. I’m not a grammar or usage Nazi. I’m not a snob, a snoot or even a stickler. I’m not “fellow” anything to them at all. Just because I write a column offering help to people who want to use better English doesn’t mean that I would impose good grammar on others. Short of coughing and fanning the air in the presence of a cigarette smoker, grammar provides the easiest way for an American...
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...BIG TIME TOY MAKER Larry E. Linton Law/421 October 27, 2014 Professor Rachel Lyne BIG TIME TOY MAKER 1.) The parties have a contract the moment that Chou and Big Time Toymaker (BTT) entered the exclusive negotiation agreement. A contract is considered perfected the moment the parties reached an agreement which signifies their consent, the object of the contract and the consideration or price. It bears to stress that the first element to test whether a contract has been perfected is that there must be intention on the parties to be legally bound. The second element to test the perfection of a contract is when the parties have reached a reasonable agreement without the need for any further requirement. When these elements are present, it is deemed that a contract has been concluded (Jansen & Zimmermann, 2011, p. 633). In this given case, when Chou agreed to grant exclusive negotiation rights for a 90-day period to BTT to distribute the new strategy game named “Strat” and after receiving $25,000 from BTT, such agreement is considered perfected. Such agreement allowed BTT to become the sole distributor of Strat by virtue of such agreement with Chou. Although the exclusive negotiation agreement stated that there can be no distribution contract between the parties unless it was reduced into writing, the parties reached an oral distribution agreement before the lapse of the 90-day period. To make a contract binding between the parties, it is not necessary for it to be concluded...
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...Ouch v. Jakubek An analysis on reporting of Sexual Harassment in the work place Strayer University This analysis is a look at the sexual harassment in the case of Ouch v. Jakubek and why the situation was not in compliance with the federal employment laws. The discussion will try to create a plan that will correct the issues in the future and bring the Jakubek back into compliance of the law under Title VII of the Civil Right Act. In the work environment there are many laws that help protect the employee rights in the work place. One of these laws is The Civil Rights Act of 1866, which prohibits employers from discriminating against individuals because of their race. Over the years the Civil Right Act has change to encompass not only race, but also prohibits employers from discriminating in terms of conditions of employment on the basis of color, national origin, religion and sex. [ (Kubasek, 2009, p. 627) ] In the court case of Ouch v. Jakubek we will look at the part of the Civil Right Act under Title VII on discrimination because of sex or in this case sexual harassment. Sexual harassment is “the unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, which explicitly or implicitly makes submission a term or conditions of employment or...
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...WAITROSE IN CHINA PESTEL ANALYSIS An organisation (or) business effect or make the decisions depending on the factors in the macro environment.To analyse these external factors, the bussiness planners categorised to as PESTEL model.It is helpful strategic tool for understanding business position, market growth or decline, potential. PESTEL analysis is vital and used widely to understand the external factors affecting the organisation.It is a strategic external analysis used to evaluate (Political,Economic,Social,Technological,Environmental ,Legal) of a particular organisation or business.It is very important when you start operating in a new region or country.It also helpful to break your unconscious assumptions,and you can adapt to the reality of new environment. POLITICAL: political factors are how and to what degree a government interfere in the country economy.It includes areas like tax policy,labour laws, environmental laws,trade restrictions,political stability. ECONOMICAL:The factors include in economical are economic growth, interest rates,exchange rates,inflation rates.It is how government supports trading and business in the country. SOCIAL: Social factors include the cultural aspects and include health consciousness, population growth rate, age distribution, career attitudes and emphasis on safety. TECHNOLOGY: Technological factors include technological aspects such as research and development (R&D) activity, automation, technology incentives...
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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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