...determination make a difference? How much control does the employer exercise over the details of the work? Is the worker engaged in an occupation or business distinct from that of the employer(If so, this points to independent-contractor,) Is the work usually done under the employer’s direction or by a specialist without supervisionDoes the employer supply the tools at the place of work? (For how long is the person employed? What is the method of payment—by time period or at the completion of the job? What degree of skill is required of the worker? ( 3. Know the 4 ways an agency relationship can be created. An agency relationship can arise in four ways: by agreement of the parties, by ratifi cation, by estoppels and by operation of law. We look here at each of these possibilities 4. Know the duties that agents and principals owe each other, and the rights and remedies available to each. performance, notifi cation, loyalty, obedience, and accounting. The principal also has certain duties to the agent. These duties relate to compensation, reimbursement and indemnifi cation,...
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...F- Jim livcs in Worcester, Massachusetts. He owns a downtown Worchester property that is zoned for commerical office space. There are plenty of office spaces available in Worchester, and Jim does not feel that it would be wise to build another one. He wishes to build a gas station to service the down town traffic. I What is the standard Jim must show to get a variance to allow him to build the gas station? R- The business owners sought review of the decision following the decree that upheld a zoning variance that was granted to the gas station owner. The issue was ehether the trial court erred in upholding the granting of the variance to the gas station owner. The court found that the facts and findings did not jusify the trial court's conclusion. The court held that no hardship to the gas station owner was shown affecting his property and not affecting the zoning district in which it was located. The court found that the hardship caused by the taking of the former site was irrelevant. The court held that if there was occasion to change the uses permitted on the land, because of the general effect of the shift to business, such was for the town to consider by way of amendment. It ws concluded that the finding that relief could be afforded without substantal detriment to the pulic good and with out derogating from the purpose of by law did not support the variance. The court held that the board of appeals exceeded its authority. The court reversed the decree that granted a zoing...
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...citizens are treated equally and have the same protection under the law and be given due process. Every person is to be treated the same, dispute race, wealth, sex, religion, etc. Also, every individual should be protected by the same law and deserves to receive the same due process of law. For example the four part Hudson Test would also be considered protection under the 14th amendment. 2) Not many cases for Commercial speech was denied, but there was a case called Members of City Council V. Taxpayers for Vincent. The city of L.A. had a municipal code that helped with the ongoing issue of visual clutter. The code stated to not post any signs or any sort of material on the utility poles. The taxpayers known as the people who were trying to advertise Vincent for election kept posting signs on the utility poles because the police removed them. The taxpayers filed them to court, but the court agreed with the City Council...
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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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