...With the advent of Internet Technology there has been a paradigm shift in the way we conduct business. Notwithstanding, the benefits, e-commerce has also brought with it a plethora of novel legal issues, many of which remain unresolved. Courts have spent innumerable hours in a bid to compress the vast and seemingly boundless world of Internet commerce into the restrictive confines of commerce laws originally developed for a brick-and-mortar marketplace. Trademark laws have proven particularly difficult to stretch into this emerging technological arena. One of the most divisive trademark issues today is whether the sale of trademarks as “keywords” by Internet search engine companies constitutes trademark infringement. Courts in the United States, the United Kingdom and France are currently divided in opinion, but there are several high-profile cases pending which hopefully will provide some much needed clarity and resolution to this emerging...
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...constitutional. The U.S. Supreme Court also uses its power of judicial review to analyze various lower court decisions for the appropriate application of inherent constitutional rights. This news article analysis will discuss the requirements for search warrants, arrest warrants, and warrant exceptions in relation to probable cause under the Fourth Amendment. In a news article from the Wall Street Journal published on April 15, 2013, The U.S. Supreme Court decides to review the Maryland Supreme Court’s decision on the Maryland v. King case. The case involves a state law, known as the Maryland’s DNA Collection Act (DNA Act) that grants police with the power to obtain DNA samples from arrestees of violent crimes before a trial is given (Bravin, 2013). “In 2009, Alonzo Jay King, Jr. was arrested in Maryland on first- and second-degree assault charges” (Cowen & Park, 2013, para. 3). The police detectives obtained King’s DNA sample when he was in custody at the police station. Four months later the police detectives received a positive match linking King’s DNA to a rape case in 2003. Using the positive match as evidence of probable cause the detectives received a search warrant to obtain a second DNA sample from King (Cowen & Park, 2013). The second DNA sample was a positive match also. After a criminal trial, King was sentenced to life...
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... which started from Stanford and ended up with the creation of a company. The company is no longer a simple search engine, but it supports other services such as cloud computing web services, social media such as Google +, and web browser. This venture was made possible by the creation of the company’s principles, which guide its activities at all time. For instance, they believe the client must be first and every other matter will follow. Ever since the company announced its first IPO in 2004, the institute has experienced continuous success in the stock market. Indeed. Even when the market crushed in 2008, many people thought the crush would affect all sectors, but Google continued to increase its annual revenue, stock holder’s equity, and net assets. The analysis, nevertheless, demonstrates that some readers find Google’s growth rather alarming. It would be difficult for the company to continue in the same way without contracting some “evil” deals and breaking law number 6. Analysis A clearer analysis of the company shows that as Google grew, most of its services extended from simply being a search engine to providing other services to its users. Initially, Google focused on a market niche of people that were looking for information. Consequently, they created a search engine, which would act superior to all other competition. Indeed, this act violates Google second principle of focusing on a niche market. However, it is arguable that Google needed to change with the increasing...
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...search-advanced-form-portlet 1 of 7 https://www.lawnet.sg/lawnet/group/lawnet/legal-research/advanced-se... UNFAIR CONTRACT TERMS ACT (CHAPTER 396) (Original Enactment: U.K. 1977, c. 50) REVISED EDITION 1994 (20th May 1994) An Act to impose further limits on the extent to which civil liability for breach of contract, or for negligence or other breach of duty, can be avoided by means of contract terms and otherwise. [12th November 1993 *] * Date when this Act was made applicable by the Application of English Law Act (Cap. 7A). PART I Introductory Scope of this Part 1. —(1) For the purposes of this Part, “negligence” means the breach — ( a) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract; or ( b) of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty) (2) This Part is subject to Part III; and in relation to contracts, the operation of sections 2 to 4 and 7 is subject to the exceptions made by the First Schedule. (3) In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s), and references to liability are to be read accordingly...
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...Case: Mcdonald V. City Of Chicago Issue: Does the Second Amendment right to keep and bear arms create an individual right of citizens to own firearms and does it enforceable against the States. Decision: Yes, the Second Amendment creates an individual rather than collective right that generally guarantees the rights of citizens to legally own guns Reasons: While the Court had never previously held the Second Amendment incorporated, they opted to do so here by citing the fundamental nature of self-defense and necessity of the right to bear arms to guarantee self-protection. Case NFIB V. Sebelius Issue: Congressional law that requires states to choose between complying with the patient protection and affordable care act or loss of federal funding for Medicaid is constitutionally valid and requiring all citizens to obtain health insurance or pay a penalty is unconstitutional Decision: Yes, under the Taxing and Spending Clause Reason: The justices unanimously agreed that the Anti-Injunction Act did not bar the suit. Congress did not intend that the payment for non-compliance with the Individual Mandate be a tax for purposes of the Anti-Injunction Act. Case: Tarasoff V. Regents of UC Isssue: Whether when the rapists failure to warn plaintiffs. Tatiana’s parents fear the danger to Tatiana was a breach of duty to safeguard their patient and the public? Decision: Yes, The rapist owes a legal duty not only to his patient, but also to his patient’s would-be victim and is...
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...much more. You should only be able to get a background check on a person if you are a potential employer and after the person has signed a waiver. One such site offering these services is Spokeo.com. For $39.95 I can get the following information about anyone: Full Name, Photos & Profiles, Address, Property Records, Phone Number, Public Records, Relatives, Court Records, Month/Year of Birth, Sex Offender Check, Address History, and Criminal Check. There are definitely some flaws in the system because both addresses they had for me were about 10 years old, but they did have my phone number and age right. I did not purchase the check to verify how much of the other information would have been correct but I’m sure they would have it all. A second way of looking up personal information is WhitePages.com, being in the life insurance business,...
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...and privacy issues. Understanding the search and seizure laws; that govern all law enforcement and private security perssonel. Next the paper looks at the laws for surveillance by the police. After that this paper is investigating the idea of cameras in the school system legal or not, for protection or is it a violation of the fourth amendment rights to the students. Last the paper looks at surveillance by private security. Understanding Search and Seizure Law The police are governed by the 4th Amendment to the U.S. constitution which places limits on the power they have. For the police to make arrests, search a person or their property they have to work under the fourth amendment, which are the laws set for search and seizure. The Fourth Amendment to the U.S. Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (The Charters of Freedom, nd). The fourth amendment provides for the search and seizure and is all about privacy of the people. Because of this freedom, the fourth amendment protects against “unreasonable” searches and seizures by any law enforcement authorities. On the other-hand the fourth amendment permits all search and seizures that are reasonable. Because...
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...Consumer and organizational buyer behavior are sub-categories of marketing. Research in both fields has enabled manufacturers and distributors to understand the needs, preferences and behavior of buyers, as well as the internal and external factors that influence buyer behavior. Although much has been written about the differences between consumer and organizational buyer behavior, it appears that the demarcations between the two fields are not as clear as they may seem to be. Keywords Buying Center; Buying Decision Process; Consumer Buyer Behavior; Decision-Making Unit (DMU); Organizational Buyer Behavior Marketing: Consumer Overview Buyer behavior is concerned with the selection and purchase of Products or services to satisfy a need for individuals or groups. It is focused on the needs of individuals, groups and organizations. Buyer behavior occurs either for an individual consumer on his own; an individual consumer in the context of a group (where others in the group influence how a person behaves); or an organization (where employees make decisions about which products or services the firm should use). Although economists were the first academic group to offer a theory of buyer behavior, the field of buyer behavior is a subcategory of marketing that blends elements from economics, psychology, sociology, social psychology, anthropology and other sciences, such as physiological psychology, biochemistry, and genetics. The two main areas of buyer behavior are consumer...
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...BA – 226 Mid – Term Paper January 31, 2012 SOPA/PIPA “Stop Online Piracy Act”/“Protect Intellectual Property Act” Recently, there has been much debate regarding the Stop Online Piracy and Protect Intellectual Property acts. Both of these acts involve online copyright infringement of intellectual property. These acts are basically attempting to put in place regulations for the government to control the content of what is being “shared” over the internet. The first act that was written was the “Protect Intellectual Property Act,” (“PIPA”) which was introduced by Senator Patrick Leahy on May 12, 2011. This proposed act was to limit access to various websites operating outside of the United States which were/are engaging in copyright and intellectual property infringement. Basically, what is covered in this proposed act is the illegal infringement of copy written materials through various channels, including distribution via the internet. This act is proposing that internet service providers have a duty to protect copy written materials by making such internet sites unavailable to the average user by not posting links to questionable sites. In addition, search engines, under this act, would be required to disable access to any internet sites engaging in questionable activities and not provide a hypertext to these internet sites. The second act, (often referred to as the “Sister Act” of “PIPA”), was introduced by Republican House Member Lamar Smith on October...
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...Criminal law 1 IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already...
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...carefully noted to be a change that largely impacts business having paramount implications on the chain of value as well as new product development. Bearing this in mind, launching a new products has been a very important consideration for many firms in the industry (Atkins-krugler,2010). The act of ANMCorp introducing the convertible luxury sedan in Singapore can be termed as globalization since Singapore is located in the Malaysian peninsula. Certain critical factors have to be addressed in order to ensure rampant success of the launch of the new car in Singapore. Advertising is arguably the most important factor to consider in this type of situation. Advertising can be described as some sort of market communication which attempts to manipulate, persuade and encourage an audience to act on ideas, services or products. The benefits of advertising are endless. With advertising, the new car in Singapore will therefore have benefits of brand awareness and exposure. Advertising will also enable the product to reach more people geographically. Another factor to be considered would be seasonally adjusted annual rate of sales (SAAR). Most automobile companies tend to experience high sales during the second quarter while on the other hand, sales tend to decrease between November all the way to December. Other equally important factors to be considered are product pricing, the strategy in which the product will be distributed, the SWOT analysis, and market research. ...
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...practices do not happen on a regular basis they do exist. One antitrust case would be the Google antitrust probe that started in 2011. This antitrust investigation was basically started because Google is the dominant navigator and king-maker of the internet. The Federal Trade Commission are the ones who bought Google up on these charges but Googles competitors are happy about the decision. Google dominates the search inquiries by 65% and search dollars by 75.2% this is showing the pecuniary portion associated with the antitrust behavior (Lee, 2011). Google has more than half of the market share associated with search dollars and inquires. Google controls the market for a variety of things like the housing market, map market and the travel market (Lee, 2011). This in turn makes a problem for any other company in the business. Google was investigated under more than one act. Sherman act was one which is an antitrust law in forces the prevention of monopolies or attempts to monopolize. The second act Google was investigated under was the Federal Trade Commission Act which prohibits unfair methods of competition (Shanshan, 2014). Monopolies for the most part are not good for society in my opinion. Monopolies are when one company controls the market for a specific product or products. For example in...
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...First off, a security plan for the collected data must be established. No person shall tamper with the data that has been held for evidence and must remain in its original state as when it was collected, as tampered evidence may be thrown out in court. This data must be preserved even after criminal prosecution has been established, as this data may prove useful in future cases. The evidence should be stored on both compact disk and storage drive in case one device of storage was to fail. Digital folders within the storage drive must be well labeled and organized accordingly, as well as folders and file cabinets that contain data CDs. Second, the evidence that has been collected must be identified to the perpetrators as evidence. Just as police are obligated by law to explain to a criminal what his/her charges are when arrested, investigators are obligated to explain exactly what evidence can and/or will be used against the perpetrators in the court of law during an interrogation. Each piece of evidence must be expressed to the person that the evidence was obtained from in a manner in which he/she can understand. This will ensure that the investigators and the perpetrators are on the same level, and the court will not think that the investigators are trying an unfair advantage. This will also allow anything that the perpetrator says to be used against him/her in the court of law. Third, a sequence of events during the investigation must be logged in order...
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...During the last hundred years mankind has witnessed and been part of a dynamic evolution. Changes, modifications, and inventions that have occurred have been part of what has enabled humans to communicate in a more immediate manner, this has been particularly ideal in our work environment . Information technology has been an essential part of this process. As there are huge benefits obtained from technology there have also been issues that have derived from it, such as ethical ones. Several acts have been established in order to have the ability to control those pitfalls identified. Mankind has acknowledged that technology is an ideal part of our work lives as well as our personal lives and has been able to identify and establish boundaries within these to ensure the overall protection of one. CHANGE There was a time in which in order to send another person a memo or a letter it was sent by transporting it with a carriage and horse, patiently one would await a response from the other party which could at times take weeks or months depending on how far the other party was. That changed when motorized vehicles were invented, it was now faster to send and receive those responses, and one would still patiently await the other’s response. We then had airplanes a much faster method of transporting our said information. Nowadays, there is no such thing as waiting patiently for a response! We have electronic mail! With which as soon as we hit the “send” button we expect...
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...I found myself thinking sociologically when I realized that equality in Canada is less practiced as what the Canadian Constitution Act of 1982 claims. In this constitution, it is stated that every individual should be treated equally regardless of their race, ethnicity, colour, religion, sex, age, and any disability; however, in reality, individuals experience inequality in the form of racism throughout the Canadian society. For instance, a few months ago, a black male was asked to leave the St. Laurent shopping centre by the mall securities as the position of his pants were viewed as not family-friendly but this type of fashion is normal for teenagers who are influenced by the hip-hop culture. As the man did not want to cause any trouble, he obeyed the securities but as he was escorted, the securities used unnecessary forces which caused scars and bruises to the individual. Furthermore, the black male was arrested and detained for 3 hours, then fined $65 by the Ottawa Police, and banned from the mall for 5 years. One witness stated that this was a case of racial profiling as she saw that the mall securities had no reason to assault the individual. Although many deny the existence of racism in the Canadian society, this type of inequality still largely exists. To further analyze this topic, articles written by various scholars on racial profiling in the criminal justice system and racism in the workplace in Canada will be compared and contrasted. Moreover, various sociological...
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