...Intro to law Chapter 1 Business law is divided into: - Tort law – injury - Contract law - Business (sole, partner, corporation) - Real estate - Intellectual - Environmental 3 functions of the law 1. Settling disputes 2. Establishment of rules 3. Protection Sources of law - Case law – from recorded judgement – precedent - Statues – passed by government - Statue law – judicial understanding and application Stare decisis: to let a decision stand 1. From the judges own 2. From a court of equal rank 3. From a court of higher rank Equity - Rules originally based on decisions of the king Charter of rights - Notwithstanding clause o Permits the government to pass a legislation that conflicts or overrides charter - Right to due process o Informed of rights o Right to a lawyer Classification of laws - Substantive law o Law that sets out rights and duties o Individual right enforceable at law - Procedural o Procedures taken to enforce the law - Public o Relates to the relationship between governments and persons - Private law o Relates to relationships between individuals Chapter 2 Jurisdiction 1. Court of original jurisdiction 2. Court of appeal Criminal court procedure 1. Plaintiff – party bringing the action 2. Defendant – party defending an action 3. Discovery a. Examination and questions Class action - Group of individual represented by one attorney in a suit Chapter 3 Administrative law - Includes laws, rules, decisions...
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...Prison and Capital Punishment Dawn Harvilicz AIU 9/01/2013 Prison and Capital Punishment Breach of peace is a common-law offense. A breach or disturbance of the peace is an action in a place that might reasonably be predicted to affect or disturb others. Breach of the peace is usually handled as a misdemeanor, and sometimes the individual that is causing the disturbance will only be given a caution, asking that he or she stop the action in the respect of maintaining community order. The basic fundamentals between a felony offense and misdemeanor has to do with the punishment and how long prison sentence will be. The separating line between felonies and misdemeanors is not if somebody is convicted of a specific crime must be disciplined with a particular amount of time in jail or prison, however if such individual can be disciplined for a certain amount of time or sent to a particular sort of jail or prison. In states that support capital punishment (death penalty), the crimes deserving of death are felony offenses. In some states, a felony offense is assuming that it is deserving of more than a year in prison. In different states felony offense in the event that it is deserving of a detainment in a state correctional facility. A misdemeanor is usually an criminal offense that is sentenced for less then a year in a state, local, or county correctional facility. Some states have elective felony and misdemeanor criminal acts, otherwise called wobblers. This...
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...Q1. Identify and describe the sources of legislation that are binding in Scots law and quote at least one example. Legislation is written laws that were made by those who we have given the right to make laws on our behalf. Legislation comes in three forms: 1. EU Legislation - passed by the institution of the European Union. 2. UK Legislation - passed by the UK Parliament 3. Scottish Legislation - passed by the Scottish Parliament European Union Legislation As a member of the EU, the UK is affected by each of the laws and policies that the EU Institutions have produced. EU Law consists of the various treaties and other legislation which was passed to set up the EU and also to give bodies with in it their powers. Other sources of EU Legislation consist of various Regulations and Directives passed by the now co-decision process involving the Council of the European Union and the European Parliament. The various treaties become part of the law of the UK upon being formally approved and invested by the United Kingdom Parliament. By accepting these treaties the United Kingdom Parliament gave power to the European Union Institutions to make laws which will apply throughout the European Union (which includes the UK). When the EU makes a regulation it will automatically become part of the law here in the United Kingdom. Examples of such legislation; Regulation 1251/70 – provides for the right to remain in the territory of a member state after having been employed...
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...------------------------------------------------- Elective Study 3: Introduction to Politics and Law Major Assignment Essay: Worth 25% Due: Thursday November 3 at 5pm Choose ONE question 1. Compare and contrast the ideology of the Australian Labor Party with the ideology of the Australian Liberal Party. OR 2. “The Liberal Party is a conservative party and the Labor Party is a progressive Party.” Discuss critically OR 3. “The philosophies and policies of the Liberal and Labor parties have had to change for them to survive.” Discuss critically Length 500-700 words The objective of this assessment This assessment requires you to write an essay on Australian political parties based primarily on Willmot and Dowse’s chapter on pages 181 to 206 of the Course Reader. You can also read Dean Jaensch’s chapter (attached) and other sources, such as those referred to in lectures. You may wish to find books in the Reid Library (3rd floor) on your question. See me by October 24 to discuss how your research and writing is progressing. With this essay you should write critically and analytically, rather than descriptively. If you are claiming, for example, that the Liberal party is a conservative party, you will need to support your argument with evidence and your points must be properly referenced. Your essay will need to have an introduction, a body and a conclusion. The grade you receive will depend on how much effort you have put into...
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...David’s Case In advising if a legally enforceable contract exists between Sam and David, I would first consider the requirements of forming a valid contract. Formation of a valid contract requires six pre-requisites all of which must exist in order for a valid contract to exist. Intention to Create Legal Relations From an objective perspective it can be seen that a reasonable person in Sam’s position would not have had the intention to create legal relations with David. Although this may have been undertaken as a business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will bind the offeror as soon as it is accepted by the offeree”[3] It can be seen here that Sam had made the offer to David at the end of the phone conversation. The offer met the required rules as set out in Latimer[4] such as the offer being communicated directly to David as well as being made obvious that it was an offer and not an invitation to treat. David had then accepted the offer the following week when he rang Sam to organise the internet connection. The...
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...Gender Bias in U.S Court System Intro #1 Throughout U.S history women had been known as properties belonging to a man. Women are seen as objects while the men are seen as an individual self. It took many years before the U.S Government amends and adopted new laws in order for women to be label as equals’ of men. One of the biggest movements in U.S history was the Feminist Movement in the 1960’s where groups of women fought to gain equality for women in the life, workplace, home and also to bring awareness to violence against women. Shame on all those women of the 2000’s who now use these laws to their advantage in family, civil and criminal court to bring men to their knees, and to erase fathers from the lives of their children. False allegations by women of child abuse, domestic violence, and stalking are almost never questioned by judges for fear of being politically incorrect. Intro #2 In the late 1980’s there was a controversial murder case where two people, brother and sister both of whom committed the same crime. They were tried and found guilty of murder of a woman who was the girlfriend of the sister’s ex-husband. What's most shocking is the sentence that was handed to them. As Marc Angelucci puts it, a Time columnist writer, “She gets 10 years in prison. He gets the death sentence.” This is just one of many absurd cases of discrimination against men in the U.S Court system. Family court a) List a few case studies and its relevance to the research...
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...Speech SB1070 Unconstitutional Intro In recent years the Arizona’s border to Mexico has been breached by illegal immigration. How to stop illegal immigration has become a trending topic. Although many people in Arizona as well as across the country believe in SB1070, many activists have created valid arguments that this new bill is unconstitutional. The intention of Senate Bill 1070 is meant to discourage and deter any illegal entry into the country. (S. 1070). The intent of this bill seems to provide an answer to the question of how to secure the border. However, further examining the enforcement of this bill will show how this is a controversial and unconstitutional bill. Body SB1070 reads, “A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES” (S. 1070). The key phrase is probable cause. In simpler English, enforcement of this bill allows an officer to profile someone by the color of their skin, accent, or any trait similar to that of an alien. Arizona Governor Jan Brewer calls the affirmation of this bill a victory for “law and order” (Costantini). She believes the bill helps identify and remove illegal immigrants. Petra Falcone, a fourth generation Mexican-American living in Arizona feels threatened by SB1070 stating, “Anybody of color would be subject to increased profiling under the law, and I just think that's unjust...
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...Unit 3 Alternate Assignment Brittany Clark Intro to Constitutional Law April 13, 2014 Unit 3 Alternate Assignment There are many different laws and rules that officers of the court and police officers have to follow so that people are not mistreated and that evidence in a court room is able to be used instead of being thrown out. “The Exclusionary Rule prevents the government from using most evidence gathered in violation of the United States Constitution” (Exclusionary Rule, n.d.). If the exclusionary rule wasn’t in place, officers could admit anything into evidence and could search houses without a warrant which isn’t fair to potential offenders. The exclusionary rule has a right to be used in a court room and in the criminal justice system. Potential criminals are people and have rights too and if those rights are violated by officers who feel they can take evidence without a warrant or without it being in plain view, and then they have the right to have that evidence thrown out of court. It is up to our public officials in the criminal justice system to uphold the law and do things the right way rather than bending the rules and letting potential criminal back on the streets to commit more crimes. If there were a case that had the crucial piece of evidence, such as a murder weapon, that was gained illegally, then it should be thrown out. That is what the law states. My opinion is this way because it is a violation of the 4th Amendment if this evidence...
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...P1: What happened in the role play? Intro: I am going to be explaining about what happened in the role play? We had a role play, where there was a case about Jackie Jones who was accused of dangerously driving contrary to Section 2 of the Road Traffic Act. The classroom was arranged into a Crown Court. There was one judge, one witness, one clerk, couple of students were members of the jury and some were members of the other juries, there were one usher, there were two lawyers, one lawyer was a defendant lawyer while the other lawyer was the prosecution lawyer, there were press and public watching finally there was a defendant who was the criminal. In this role I was actively a criminal and this is what I fulfilled. When the classroom was organised into a Crown Court, I took my seat and sat at the back of the court room as was instructed by the usher. I kept completely silent for the time being, until it was my turn to go to the witness box and give my statement. The minute the usher stood up and removed me from my seat and took me over to the witness box, this is the exact statement I gave. Statement I gave while I was inside the witness box: “I took delivery of my new Mazda sports car, from the garage Brookside Mazda and I was driving alongside Hillside Road. I live at 32 Able Close and I got stuck in the usual traffic jam. I am very familiar with the road as I drive it every day If I get stuck in traffic when I get close to my turning I have a habit of ...
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...TIARA CLARK KAPLAN UNIVERSITY CJ140: INTRO TO CONSTITUTIONAL LAW UNIT 1 ASSIGNMENT There are three branches of the government and they all serve different purposes and contributes in different ways, there is the executive, legislative, and the judicial branch. They all have important roles to the government. First things first, the legislative branch is made up of the House of Representatives and the senate, which forms the U.S. congress. The House of Representatives 435 members and members of the house are elected every two years. The house has the power to initiate revenue bills, elect the president in case of an Electoral College tie, etc. The senate has 100 senators two per state. The senate has the power to confirm the president’s appointments and ratifies treaties. If the president vetoes a bill, the congress has the power to override the veto by passing the law again in each chamber with at least 2/3s vote in favor, at this point the bill becomes a law. Secondly, we have the executive branch consist of the president, the cabinet, etc. the president is in charge of implementing and enforcing laws written by Congress. The cabinet is in charge of day to day enforcements and administration of the laws, the executive branch employs more than 4 million Americans. The president has unlimited power to extend pardons for federal crimes with few exceptions such as impeachment. The EOP or the Executive Office of the President is home to the president’s closest advisors...
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...(Intro) Why not be able to look into something you desire to know? Google is the world’s largest and most renowned online search engine. It is a household name and “to Google” has even become an accepted term in English language. Google should stay in China and deal with their censorships. (1)Google does not want to allow its global search competitors to gain a stronger foothold in the Chinese market; Consider this piece from The Huffington Post, which doesn't expressly say Google should stay, but shows that Microsoft and other Google competitors would gain a huge advantage if the search giant picks up and goes home. This is important because by Google leaving, they can lose on a lot of revenue. (2) China boasts more Internet users than the entire U.S. population, and Google has recently gained significantly in that market, so there is substantial revenue to be gained. Why leave when you can still make a great income? Even if you can’t be fully used as a program, engine, whatever; you can still make money through all you other searches. (3) China boasts more Internet users than the entire U.S. population, and Google has recently gained significantly in that market, so there is substantial revenue to be gained. Leaving China could even harm the United State’s relationship with them. Someone could disagree and say that congress may pass legislation that would fine companies that don't uphold basic human rights. If Google opts to stay in China, it could face serious fines...
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...“Britain should adopt a codified constitution”, Discuss. (40 mark) Intro A constitution is a set of rules/principles, which aim to set the duties and powers of government. There are two different types of constitutions, codified (written) and uncodified (unwritten), which the UK is an example of an uncodified and the U.S.A a codified. Codified and Uncodified Constitutions An uncodified constitution is a constitution made from principles that are not formatted into one single document and unlike codified is not authoritative and also not entrenched. A codified constitution is where the principles or rules are collected within a single document. Codified constitutions have three key features, the first is that the document itself is authoritative in the sense it constitutes a ‘higher’ form of law. The other key feature is that It binds all political institutions. And the final key feature is that they are said to be entrenched which means they are difficult to abolish or amend. UK for a Codified Constitution Some people argue that if the UK adopted a codified constitution is a good thing. If it was to be adopted it would significantly change the UK because it would affect: the power of the government and people’s rights and freedom. One of the biggest arguments for adopting a codified constitution is the fact it would make all rules/principles a lot clearer as they would all be in 1 single document and more clearly written meaning it would create less confusion...
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...Check Point - Privacy Laws and Policies Debate For Class XCOM 285 By Hannah Hansen Intro In this paper I am going to talk about the polices and producers that companies put into place in order to protect their investment in their personal computers. Most employees do not understand the risks that companies face by allowing their employees to use personal email and telephones on company time. I will be talking about why these procedures and protocols are in place. We will be looking at three different aspects of protection over emails, telephones, and then computers in general. Computers Many people forget that companies put procedures in place about computer use because of the misuse that some employees of that past have done. The company’s best interest is protecting itself and its clients. To do that they must be able to make sure that the employees who are working for them are doing everything above board. They do this through monitoring employee activity and also by making sure that the computers employees use are not used for employee personal use. If employees use the computers for personal use then they would be able to electronically email important information outside of the company walls where it is not protected. In his article Mitchell R.B. talks about employee types of theft when he says; “other risks may occur as employees use electronic communication systems to download programs and files: violation of copyright laws, vulnerability to hackers...
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...Daniel Claro MGMT2402 Employment and Labor Law February 13, 2013 AIU Amanda is a 40-year-old Asian female. She has been with a law firm for 5 years as a receptionist. The company has 120 employees. Recently, Amanda has been missing work because she has been taking care of her mother who has Stage V cancer. Amanda will usually call out of work at the last minute as she never knows how her mother is feeling until her mother wakes up in the morning. Amanda has been reprimanded on several occasions and given a warning that she will be terminated if this behavior continues. Amanda needs her job as she helps to cover the expenses of her mother’s home, and she is fearful she will lose her job. She also recently found out she is 2 months pregnant and is fearful that she will lose her health benefits if she is let go from the company. Please discuss what Amanda’s recourse is at the present time and what she can do (if anything) if she is terminated. She is contemplating legal action if necessary. Also, what will happen to her health benefits if she is terminated from the company? Amanda can go her human resource department explaining her situation about her mother being sick and file for Family and Medical Leave Act (FMLA). The Family and Medical leave Act, which became effective on August 5, 1993, addresses these concerns. Employees should not be forced to forfeit their jobs when required to take leave because of their own illness or medical emergency involving their family...
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...Intro--- Human rights arise from being human. Therefore, their concept has been with humans for a while, although the conceptualization is still in its infancy. They are unalterable, inalienable, and universal. Right? The Magna Carta is the generally accepted beginning of written human rights. (explain Magna Carta) Beginning is the key word here, concepts of H.R. had been around earlier. Although H.R. have changed through the times. H.R. are a controversial thing.……………………………………………………………………………………………… ………..…………………………………………………………………………………………………………………….……………………………………………………………………………... R.Q.: So, with the fact that Human Rights evolve will the shifting values and new technological advances and widespread communication have an impact on Human rights?...
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