...Question 1 Jean is strictly liable if Kennel, the dog, bites Mary if Jean knew that the animal was dangerous or had a potential to be harmful to others. Since Jean is housing the dog outside in a separate building, not even in fenced yard, I would say that Jean knew Kennel was not very friendly had could possibly harm neighbors or others. Therefore, Jean is strictly liable for the dog biting Mary. Jean is, also, strictly liable is Louis, the tiger, bites Mary. People who keep wild animals are strictly liable for any harm inflicted by the animals. If they escape, they can cause serious harm to those in the area. Therefore, with a tiger being a wild animal, especially a wild animal kept in a separate building than the main house (believes me to think it is dangerous to the owners as well), Jean is strictly liable for any harm, including bites, that Louis causes. If strict liability is not available, Mary must show evidence of Jean having the animals and proof of her injuries. She would be showing negligence of caring for the animals. Having such animals that are harming people is negligent or lack of due care to others and the community. Question 2 The pitfall that Caffeine would endear if exercising too much control is product liability and may be held liable under the doctrine respondeat superior for the acts of the franchisees’ employees. Too much control would be telling the franchisee where the business should be located and to hire, or how to run the day-to-day...
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...LEG 320 Week 1 Quiz – Strayer NEW Click on the Link Below to Purchase A+ Graded Course Material http://budapp.net/LEG-320-Week-1-Quiz-Strayer-442.htm CHAPTER 1 CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES MULTIPLE CHOICE 1. An example of private law is a. criminal law b. criminal procedure c. divorce d. Constitutional law 2. The law of criminal procedure deals with a. the law followed in the investigation and processing of a crime b. the definition of crimes c. contractual issues d. torts 3. The substantive criminal law a. defines the standards of conduct for protection of the community b. is an important branch of private law c. is no longer followed in the U.S. d. defines the steps followed in processing a criminal case 4. A person might commit a crime for any of the following reasons except? a. fear of arrest and punishment b. insufficient moral or ethical restraints c. peer pressure d. opportunity combined with capacity and skill 5. A tort is a. a public wrong against society b. a civil wrong done to a person or her property c. a crime d. always a moral wrong 6. If a person intentionally damages a building owned by another person, this action a. is a crime, but not a tort b. is a tort, but not a crime c. is neither a tort nor a crime d. is both a tort and a crime 7. The Latin maxim nulla poena sine lege means a. no law without punishment b. no punishment without a moral...
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...Topics for Consideration Paper I Phil 320 1) Business or corporate leaders charged with unethical practices may (and often do) rightly point out that everything they did was perfectly legal. They broke no laws. Does that mean that their actions are necessarily ethical? What is the difference between a law and an ethical decision? 2) To what extent is the ‘free’ market at all compatible with moral considerations? (This, like almost all meaningful questions, is not going to be an either/or kind of thing.) Should we view business enterprises as bound by ethical obligations in the same way that we feel those obligations as individuals? Or is it legitimate to view commerce as operating largely independently of moral considerations? 3) How far should an individual’s responsibility extend? With the development of new technologies in transportation and communication, we are more aware of the consequences of our choices in faraway places than ever before. A truly rigorous stance would lead to absurdly paralyzing situations. Owning a car, buying affordable clothing, or just eating many foods (practically all), could be seen as ethically dubious. And yet it is often the case that we avoid certain businesses if we know that they treat their employees unfairly. How do we draw the line? 4) The same question (as above) can be asked of corporations. For example, Peter A. French argues that “corporations should be treated as full-fledged moral persons” with “whatever privileges...
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...Labor Practices Jonathan Newberry PHL 320 12/1/2014 Wayne Moore Labor Practices According to the US Department of Labor, a “sweatshop” is a factory that violates 2 or more labor laws. Just using this definition, I’d say that using any means of production that is defined as a sweatshop is unethical. The US has a much stricter set of labor laws than many developing countries. We have higher standards for our working conditions, salaries, breaks, etc. Perspectives Manufactures that use overseas factories to make goods are just trying to maximize profit. They want to make the most money that is possible, with the least amount of effort. It isn’t ethical at all, but that is how capitalism works. “Many corporations use contract manufacturing firms to produce their goods. By separating themselves from the production of their goods, they can claim that they are not aware, and consequently not responsible for the conditions under which they were made” (Background). Pretending the problem doesn’t exist just goes to show that in most cases, making money is more important to the company than making an honest product for an honest price. Ethical perspectives here are either pay the people the right wage, or just pretend that they are being paid the right wage and ignore the fact that they are not only getting underpaid, but working in extremely poor and hostile conditions that no one would want to work in. Consumers Customer’s always want the best deal. The companies are always...
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...D. The Ohio State University 240 Fisher Hall Phone: 688-5699 e mail - Irvine.17@osu.edu Course Description: An introduction to American legal institutions and sources of law and an analysis of basic concepts of public and private law related to business decisions. 1.5 credit hrs. Meeting Time and Location: MWF 10:20-11:45, Room 320 Schoenbaum Hall. Course Objectives: The primary objectives of this course are to provide students with: a) an understanding of the legal framework within which American business operates, b) an introduction to basic concepts of public and private law relevant to business decisions, and c) experience in legal analysis. This course will involve discussion, questions and answers on the materials, and case study. Class participation will be expected. Students will be expected to discuss the cases and problems in each chapter covered and turn in answers to the chapter problems. Unannounced quizzes may be given and case briefs may be required. Primary Text: Fundamentals of Business Law, Summarized Cases, 8th Edition Roger LeRoy Miller and Gaylord A. Jentz, Published by South-Western Cengage Learning Softbound © 2010; ISBN/ISSN: 10: 0-324-59573-5; available at www.ichapters.com. Purchasing individual chapters on line is less expensive than purchasing the entire book...
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...only constitutional development possible at this stage, I would then pay attention to the general character and form of the Constitution rather than its specific contents, which ñ with regards to the power and welfare of the common people no mere review can change appreciably. I am therefore limiting myself to the general features of the present Constitution. But let me first make some clarifications. The Constitution of a sovereign state is, in essence, the basic law by which the ruling blocs of that state say it will rule the citizens of the state. The Constitution is the will of the ruling blocs as limited but only limited by the struggle of the people. This clarification on the essence of a Constitution also applies to every structured organization, except that an ordinary organization is not sovereign, in the sense that it is bound by external laws (usually those of the state), in addition to its own laws. The sovereignty of a particular state is expressed and asserted by the fact that it is bound only by external laws and obligations to which it has subscribed. Otherwise that state is not sovereign. The Nigerian Constitution, the one promulgated on May 29, 1999 and currently in operation is, like its predecessors (1960, 1963, 1979, 1989, 1995), a very bulky document, a product of efforts by the ruling blocs to accommodate all their major factions. If a new Constitution emerges tomorrow through the ongoing review, it will still be a compromise between the major factions of the...
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...Criminal Defenses and Criminal Punishments Evelyn Diaz Strayer University LEG 320 Criminal Law Prof. Stratis-Malak May 23rd, 2014 Criminal Defenses and Criminal Punishments When determining if the use of force is lawful or justified by the court, various key points involved would have to be evaluated before deciding whether or not the use of force was warranted. Depending on the state statue, for example, if someone uses a Self-Defense and the Defense of Others approach in a court of law, the court would need to take into account three important key points that need to be involved. One being, if the act done by the other person was unlawful, if so, then it would be considered justified; secondly, if the act or force was immediate and necessary to defend yourself; and lastly, if the circumstances were reasonable enough to warrant the amount of force applied in the act. When determining the reasonableness of force used, one would have to take into account the relationship of those involved along with their size and age, and whether the assault was aggressive, and the type of weapon used (Gardner, & Anderson, 2012). Another approach to take when determining lawfulness of the use of force would be, the use of Deadly Force in a Self-Defense or the Defense of Others, would be the Stand Your Ground Law, a Florida Statute, that if and when a person feels that they are in fear of their life, and believe that they are in danger, then they have the right to defend themselves...
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...Human Rights 1. The nature and Development of human rights The definition of human rights * Universal Declaration of Human Rights (UDHR) sets out the fundamental purpose for recognizing human rights * In the general sense, human rights refer to basic rights and freedoms that are believed to belong to all human beings * As stated in the UDHR, these rights differ from ordinary rights under domestic law as they are considered to be universal, inalienable (cannot be taken away) and inherent to all people. Developing recognition of human rights * The abolition of slavery * The campaign for universal suffrage * The trade union movement and labour rights * The right of a group to self-determination * Emerging environmental rights * The attempt to establish a right to peace The abolition of slavery * Slavery is a type of forced labour where a person is considered to be the legal property of another * Slavery was practiced legally until the 20th century * Common forms of slavery involved: debt slavery (forced to pay off a loan with labour), slavery as punishment for crime, prisoners of war committed to slavery * Moves to abolish slavery and slave trading began in the 12th century, e.g. Iceland abolished slavery in 1117 * During the 17th – 19th century, the transatlantic slave trade (the trading of African people by Europeans, transporting them as slaves from Africa to the colonies of the New World) was in action as Europeans...
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...The Biak-na-Bato Constitution General Emilio Aguinaldo Established the Biak-na-Bato Republic on July 1897 and issued a proclamation stating the following demands: * Expulsion of the friars and the return of the friar lands to the Filipinos. * Representation of the Philippines in the Spanish Cortes. * Freedom of the press and religion. * Abolition of the government’s power to banish Filipinos. * Equality for all before the law. A charter was then drafted based on the Cuban Constitution by Alex Ferrer and Isabelo Artacho. It was ratified on November 15, 1897. The Biak-na-Bato Constitution provided for the establishment of a Supreme Council that would serve as the highest governing body of the Republic. Preamble: “The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we, the representatives of the Revolution, in a meeting at Biac-na-bato, Nov. 1st 1897, unanimously adopt the following articles for the Constitution of the State.” “In Biac-na-Bató...
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...Philippines Law Historical Overview Introduction The Philippines, an archipelago of 7,107 islands (about 2,000 of which are inhabited), with a land area of 115,600 sq m, has a population of 76.5 m. Some 87 major dialects are spoken all over the islands. English and Filipino are the official languages with English as the language of instruction in higher education. According to the 2000 census, the functional literacy rate is 83.8%. Agriculture constitutes the largest single sector of the economy. The country has a total labour force of 64.5%. The Philippine legal system is aptly described as a blend of customary usage, and Roman (civil law) and Anglo-American (common law) systems. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporation law, negotiable instruments, taxation, insurance, labour relations, banking and currency. In some Southern parts of the islands, Islamic law is observed. This particular legal system is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States. Historical Background Philippine legal history may be categorized according to the various periods in the political history of the country: the pre-Spanish period (pre 1521); the Spanish regime (1521-1898); the Philippine...
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...The Art of Rulership: a Comparative Study of Han Fei Tzu and Niccolo Machiavelli’s Political Philosophy A Research Paper Presented to the Undergraduate Faculty of the Department of Philosophy and Religious Studies College of Arts and Sciences University of San Carlos In Partial Fulfillment of the Course Requirement in Legal Philosophy James Clyde Castillote Ranario October 2014 1. Introduction The history of mankind, passed through generations to generations in written and oral accounts, never failed to mention the rise and fall of great civilizations. In every epoch that mankind has gone through, a certain society or culture will always take an honor or disgrace in the center stage of history. This might be an honor credited for an achievement over a magnitude of victory, or a disgrace in a painful experience of defeat. From the earliest known Indian and Chinese civilizations in the East, to the powerful triumvirate of the Egyptian, Greek and Roman civilizations in the West, we can only say of two things — they all gloriously rose and proved to be kingdoms of undaunted power and might, but fall on their knees in bitter shame and demise. Although chronicles of our thousand-year-old history might not be that clear as to foretell the rise and fall of these great civilizations, however we all know that behind the stronghold of these empires, there commands a ruler, a great ruler — A leader that is responsible for meticulously planning the moves and conducts towards the rise...
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...Reference To The Russian Constitution Nigel J. Jamieson* ABSTRACT Law and politics have a closer inter-textual relationship in Russian jurisprudence than would be understood generally of any European legal system. The closeness of this inter-textual relationship can be partly explained by history, culture, and language, as also by dialectics, ideologies, and literature. Concepts of law, government, and the state, together with concepts of federalism, democracy, and the rule of law, can vary so markedly from their apparently translatable equivalents that, even when recognising the formal concept of a codified Constitution, the inter-textual relationship between the enacted law and politics remains so dynamic as to be impossible to tell which it is, of law or of politics, that is the text, and which the context. This inter-textual relationship remains so strongly and continuously dynamic at the level of public and international law that the customary division by which lawyers, and common lawyers especially, assume law to be the text and politics to be the context carries a critical risk. This paper identifies that risk in terms of law, literature, and logic, as well as in terms of history, politics, and dialectics. To focus solely on law as a specialism without any more syncretic and synergic account of the other contributing disciplines, is to make the textual tail of the law wag the contextual dogsbody of the other disciplines, and this perhaps only by false...
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...Political Obligation First published Tue Apr 17, 2007; substantive revision Fri Apr 30, 2010 To have a political obligation is to have a moral duty to obey the laws of one's country or state. On that point there is almost complete agreement among political philosophers. But how does one acquire such an obligation, and how many people have really done what is necessary to acquire it? Or is political obligation more a matter of being than of doing — that is, of simply being a member of the country or state in question? To those questions many answers have been given, and none now commands widespread assent. Indeed, a number of contemporary political philosophers deny that a satisfactory theory of political obligation either has been or can be devised. Others, however, continue to believe that there is a solution to what is commonly called “the problem of political obligation,” and they are presently engaged in lively debate not only with the skeptics but also with one another on the question of which theory, if any, provides the solution to the problem. Whether political obligation is the central or fundamental problem of political philosophy, as some have maintained (e.g., McPherson), may well be doubted. There is no doubt, however, that the history of political thought is replete with attempts to provide a satisfactory account of political obligation, from the time of Socrates to the present. These attempts have become increasingly sophisticated in recent years, but they have...
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...SCHEME OF EXAMINATION & DETAILED SYLLABUS for BA LLB Five Year Integrated Course (w.e.f. 2008 – 2009) UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total Fourth...
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...Kaplan University PA260 Criminal Law Professor M. Chiacchia September 24, 2013 The Sixth Amendment of the constitution of the United States and is a portion of the Bill of Rights and concerns the rights that the prosecution enjoys in case of criminal trials and Harr states “it is there to achieve fair criminal prosecution” Harr, 2002, p.320). There are various rights that are allotted to the prosecution under this Amendment and there are certain limitations associated with the level at which these rights can be enjoyed. Under the Sixth Amendment a defendant who has been charged with criminal activity has a right to a speedy trial. Under the Sixth Amendment if a defendant’s right to a speedy trial is violated, the end result is that the case is either dismissed or the overturning of the conviction takes place as a remedy. The 6th Amendment even states that if a case have been heavily publicized and there are chances that his/her right to due process will be violated, public and media access to the case can be limited and the defendant can even request for such a trial (Harr, 2002, p.320). But it is necessary for the defendant to prove that violation of his/her right to a trial that is fair in nature is arising and they even have the burden to prove that alternatives to closed trials cannot be used. The 6th Amendment even protects the defendant’s right of a jury trial under which a defendant has a right to jury trial if the crime committed can result in more than six months...
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