...following issues: 1. The case relates to a matter of enforceability of law, to be more exact a public law. 2. In the process of developing an answer to the case, we need to consider the factor of preliminary issues, which need to be dealt with before the main issue is addressed. In this case one preliminary issue, may be considered the following: is the cousin Louie employed or not by the owner of the deli shop. 3. The specific legal problems are the following: - Does the city of Newille have any authority of enacting any law in this area? - Also, the Charter of Rights and Freedoms must be considered if any violations are against the owner and to which extent to the cousin. - Is the competition law violated? Since the case relates to a matter of enforceability of a public law, we need to start from the very bottom. The municipal governments obtain their power to enact bylaws through the Municipal Government Act. The first issue that must be addressed is, if the city of Newille has any authority to enact a bylaw in regards to advertising in a manner contrary to public safety. The authority that the Provincial Government delegates to the Municipal Government gives a wide variety of power to control local matters by the way of bylaw. The law presented in the Sections 91/92 of the Constitution Act 1867, divide the authority to legislate between the federal and provincial governments. Since the issue addresses...
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...The police who enforce and guard the rights of the individuals in our society should have attributes of strong moral fortitude and values. They are the enforcers of laws and are expected to conduct themselves professionally at all times, regardless of race, gender or culture. More importantly, police officers are expected to have a thorough understanding of justice and how to apply laws while remaining ethical. However, when agency’s fail to meet this standard the profession’s legitimacy is scrutinized by the public. To decrease instances of ethical issues and promote legitimacy, the creation and implementation of departmental policies, training and strong leadership play a vital role in this mission. At the forefront of any law enforcement...
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...The development of social skills starts with the family and continues with influences most will encounter throughout their lifespan. These values will be embedded in most individuals and become part of their very being. The problems that arise with criminal justice ethics may come from the foundation of the criminal justice system. In law enforcement ethics has become a topic of interest for most individuals. Those in the criminal justice system should represent high levels of ethical conduct in the community. The dissatisfaction of police and their departments have been attributed to the negative incidents America has witnessed from numerous negative incidents that have been displayed by officers of the law and departments upholding wrongful...
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...that were fully paid, and debentures for further substantial sum secured by charge over all company’s assets. Issue: Whether Sue can enforce her charge [security interest] against Bling Bling Pty Ltd ? Relevant case: Under corporate law, there is a rule of separate legal entity explained in the case of Salomon v Salomon & Co Ltd. Once a company is incorporated, there will be a distinction between private and company’s debts and assets, a company can contract with its members and a company can be liable in tort to a member. As seen in the final decision in the famous case of Salomon v Salomon & Co Ltd, “…once the company is legally incorporated it must be treated like any other independent person with rights and liabilities appropriate to itself…” Application: In this case, because of there is no fraud so the company is a separate legal entity. The debenture given by the company is valid, thus, Ms. Sue should succeed in her claim against the company in her capacity as a secured creditor with priority payment for company’s debt owed to her. (b) Fact: Ms. Sue sold her company and took out an insurance policy in her name to cover the goods against fire and theft. After burglars broke into the premises of ‘Bling Bling Pty Ltd’ and stole stock valued at $500,000, Good Luck Ltd refused Amy’s claims for the stolen stock at ‘Bling Bling Pty Ltd’. Issue: Whether Sue can enforce the claim against Good Luck Ltd? Relevant case: In the case of Macaura v Nothern Assurance...
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...On a daily basis, law enforcement officials are entrusted with the most crucial responsibility of safeguarding and protecting the rights and interests of citizens, organizations, and businesses, as well as maintaining law and order in a society. Police officers and attorneys have vowed to protect the rights and freedoms of citizens and combat mistreatment and violence imposed on individuals and the society as a whole. However, these prestigious positions are also not without their flaws, law enforcement officials more than any other profession are frequently challenged with numerous ethical dilemmas, making their daily tasks further burdensome. In their line of duty, honesty, loyalty, gratuities, the abuse of power, wrongful pursuit of personal...
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...What are the issues facing law enforcement today? That is a good question, but not one I think is best suited for a initial hire interview. Think about it, what power does a probationary officer have within the department to solve any "problems" facing law enforcement? I know what they are looking for in asking the question, but there are better ways to illicit a response on those topics. As to the question, perhaps the largest issue I see in LE is: Communication. Great answer to the board question, hit them back with such a broad response to a generic question. Communication has been, and will always be a large issue in LE. Its not just communication between dispatch and officers or officers and the public, but between all levels in the chain of command. Between departments within the agency, between agencies and other levels of government. We tend to play our game too close to our chest, though with good reason sometimes. We really need to work on our flow of information and resources. How do these issues coincide with those of the Department of Homeland Security (DHS)? DHS must improve communication between law enforcement agencies in order to accomplish its mission because many threats and suspicious activity will be observed first, and possibly only, by cops on the street. DHS must remain vigilant that its surveillance authority is cautiously used to prevent or detect terrorism and violent crimes. DHS should keep its focus on crimes, drug or otherwise, that directly...
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...ACKNOWLEDGMENT I,RAHUL, student of M.COM from AUSTRALIAN CATHOLIC UNIVERSITY (ACU). MELBOURNE “I certify that this is a true and correct copy of the original, which I have sighted.” RAHUL INTRODUCTION TO CONTRACTUAL CLAIM A contractual claim is an entitlement under the contract itself where specific provisions or implied conditions of the contract can be invoked to support the entitlement. A Claim under law, sometimes referred to as an ‘extra-contractual’ claim is where the entitlement accrues from the provisions of the law. FIGURING OUT WHO CAN SUE First, you need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit in court, you have to be someone directly affected...
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...Legal and Ethical Issues Summary CadMex is in Florida and markets its product in 127 countries around the world. I am attempting to coordinate the contractual terms between CadMex Pharma and Gentura. Gentura is a biotechnology company based in Candore, which is known for ProPez, which is a breakthrough medication for anti-diabetes. The company does not have the abilities to produce globally, and CadMex is attempting to negotiate a partnership. Some issues to consider in resolving disputes in international transactions would be selection of local counsel, understanding of unique aspects of local law, conduction due diligence, effective tax and other structuring issues, competition law issues, purchase price issues, choice of law/dispute resolutions, master/local agreements, language and cultural issues, and managing the task (Peter, 2014). In a world of rapid growth and expansion business have an established method of resolving disputes quickly, efficiently and constructively known as arbitration. Nickerson (2005), "Arbitration is a voluntary process of dispute resolution where a neutral third party renders a final and binding decision after each side has an opportunity to present its view." When it came to CadMex Pharma having to deal with the idea that Gentura is bound by and coincides with the laws of Candore. Gentura is more obligated to its country of residence. Very few laws of the United States will have any matter in this country. A main issue that could present...
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...back from the current users of the drug. What types of legal barriers to market entry exist? Research and development (patents--both as patent creation and then patent prosecution and protection) Costs Marketing streams (such as agreements with doctors, pharmacies, and hospitals to promote or utilize the drugs, and then making sure that the doctors legally and properly utilize the drugs) Significant legal barrier What are the possible ethical dilemmas present in this example? There are possible issues here with trade agreements, which are illegal under the Sherman AntiTrust Act. Also, there is an issue with costs--since companies are directly refusing to compete, the buyers lose out and as such an unfair agreement has taken place.Dimitry Alexander Kaplun40281.1716250347 Expert Type | Attorney | Category: | Business Law | Pos. Feedback: | 98.5 % | Accepts: | 1005 | Answered: | 4/13/2010 | Experience: Run my own successful business/contract law practice Ask this Expert a...
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...Family Related Issues Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Families in America today look different than they did in the past. The families of today have changed complexion, changed composition, and changed expectations, but not matter what the change is within a family, its function in our society remains the same. The function of a family is to provide for and nurture the development of future generations. The Family and Medical Leave Act (FMLA) also allows eligible employees to take up to 12 weeks of job-protected leave to care for a spouse, child, or parent with a serious health condition. According to the FMLA statute, a “parent” is any person who is the biological parent of the employee or who stands, or stood, in loco parentis (in place of the parent) to the employee when the employee was a child. A person is considered “in loco parentis” if he has day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had this type of responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Parents-in-law, however, are not included within the meaning of “parent.” (Michelle’s Law (Public Law 110-381), 2009) Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under...
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...There are several ethical issues that arise in information security. The security is one of most issue of concern for every business organization. Ethics is a term which is used to distinguish between right or wrong things. Ethical issues in computer security includes cybercrimes, computer hacking and information warfare. In an Internet world, many banking organizations are attacked by attackers and millions of credit card details stolen every day. Cybercrimes such as credit card fraud cases, accessing someone’s account, stealing user credentials from social networking sites and sharing copyright information illegally. There are several Information Technology laws such as intellectual property laws, privacy laws and computer crime laws. The law that is enforced for employee workplace communication environment is under fact sheet 7, 2012, Privacy Rights Clearinghouse. Computer Security Act of 1987 (PL 100-235) and Computer Matching and Privacy Act which deals with securing of personal information that are stored in federal computer systems. This law is responsible for planning of security standards for protecting data against theft. Resolving Ethical issues It is the responsibility of security professionals to follow ethical codes and conducts for providing maximum security to an organization. These security professionals assure safety and reliability. In order to resolve these ethical issues a proper security plan has to be made and implemented in which every member of organization...
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...This work comprises LAW 421 Week 2 Rules of Law Complete the Addressing International Legal and Ethical Issues simulation located on the student website. Write a 350-word summary. In your paper, answer the following questions: What are the issues involved in resolving legal disputes in international transactions? Provide a real world example. What are some practical considerations of taking legal action against a foreign business partner based in another country? What factors could work against CadMex’s decision to grant sublicensing agreements? When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? Explain why. Provide a real world example. How would you compare the issues in this simulation to the domestic legal issues discussed in your Week One readings? How should companies resolve domestic and international issues differently? Law - General Law Goals of Sentencing . Discuss the pros and cons of four of the six correctional aims or goals of sentencing. Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7. In your responses to your classmates, identify which goal or aim of sentencing defined has the best chance of success in the next...
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...Law and Order Issues I have always heard that when you write, you should write about something that means something to you or something you enjoy, like or care about. Even in our textbook it stats those words, more or less. NASCAR is something I have cared, enjoyed, liked, and even loved ever since the age of 18. I am an avid collector of my drivers (Jeff Gordon) memorabilia. Ranging from clothing to die cast all the way to unopened cereal boxes. From February to November, I am sitting on my couch on Sundays, unless it’s a Saturday night race, watching faithfully. There has been a lot of controversy swirling around NASCAR since last month. I remember just as if it happened yesterday. On August 10th, my girlfriend and I woke up that Sunday morning just as usual and I came in to my living room to turn on the television to get ready to start the day. We sat here watched our TV shows like always waiting for the pre-race show and when it finally came on the air that’s when we heard the news; “Tony Stewart, 3 Time NASCAR SPRINT CUP CHAMPION kills fellow sprint driver Kevin Ward Jr.” Tony Stewart enjoys racing. It’s in his blood, as for all the other drivers running around the track every Sunday. The night before the Sprint Cup race he was participating in a smaller event at Canandaigua Motorsports Park in the state of New York. During the race, Stewart and Ward Jr. brought out the caution flag due to Stewart pushing Ward Jr.’s car out of the racing groove. Ward Jr.’s car bobbled...
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...a) Explain how a follower of Natural Law theory might approach the issue surrounding abortion. The Natural Law Theory has developed over time since the era of the ancient Greeks, and it is not necessarily based on one single theory. Natural law is the belief that God has created the universe to work in certain ways. The structure of Natural Law is not accidental; it is deliberate and has important implications to the human race (this can also be used to argue the existence of God in the teleological argument). Humans have a duty to conform to Natural Law. If they do not conform it is morally bad. St Thomas Aquinas linked his idea of Natural Law with Aristotle’s view that people have a specific nature, purpose and function. Aristotle said that not only does everything have a purpose, but also it achieves supreme good when it fulfill its purpose. Aristotle stated that the supreme good for humans is to achieve happiness, which can be related to mill’s utilitarianism where our aim is to gain happiness by avoiding pain and gaining pleasure, but Aristotle did not follow the consequentialist nature of utilitarianism. Aristotle said we were to achieve the final goal by living a life of reason based on what we experience, and this follows the deontological nature of Kantian ethics. Aquinas said that humans beings have an essential rational nature given by God in order for us to live and flourish, even without God reason can discover laws that lead to human flourishing, this is...
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...Issue 1: Is there a contract between Leslie and her aunt and uncle? To determine whether there is contractual obligation between Leslie and her aunt and uncle, we should go through the four requirements to form a contract: 1. Offer: one party (“offeror”) must offer (verbally, in writing, or by conduct) to make a contract and specify all of the key terms. In the case, Leslie’s aunt and uncle first suggested Leslie buy the business, which is an electronics store. However, there was a “counter offer”, which is that offeree rejects the original offer and accepts a new offer before making final contract. Initially, her aunt and uncle planned to sell the business at $ 300,000. But Leslie did not accept it and insisted on buying at the fair value price $400,000. This means that she rejected the original offer, and made a counter-offer to them. Yet, as her financial ability is not strong enough to buy the business at once, her aunt and uncle suggested that they would like to receive $150,000 for now and collect the rest of money later. Thus, this is another new counter-offer to Leslie. Additionally, all the offers are made verbally without any written agreements, but it is still enforceable if it meets the other three requirements that we will discuss in the following parts. 2. Acceptance: other party (“offeree”) must accept that offer, on those terms, without any changes. At last, Leslie accepted the counter-offer that pay $150,000 for now, and with either half of profits going...
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