...Marbury v. Madison 5 U.S. 137 (1803) Facts: Thomas Jefferson won the 1800 presidential election against John Adams. However, because he[Jefferson] did not take office until March 4th, 1801, President John Adams appointed Federalist judges and justices of the peace, called “Midnight Judges” to the court, one of which included William Marbury. Although these appointments were approved by the Senate, the commissions for some of these appointments were not delivered on time. Thus, the new president, Thomas Jefferson, declared the remaining appointments void. Constitutional Question: Is Marbury entitled to his commission? If he has a right to his commission, and that right has been violated, does the law of the country allow a remedy to Marbury? Is the Supreme Court the legal place for Marbury to ask for the aforementioned remedy? Answer: Yes, yes, and it depends. Justice John Marshall Delivered the Opinion of the Court The President of the United States appointed Mr. Marbury a justice of peace, and that the seal and signature by the Secretary of State signifies the completion of the appointment. Therefore, Marbury has legal right to the office. Marbury has a legal right to the commission which was not delivered to him. Therefore, his right to the office and commission was violated, and the country must allow him a remedy to correct this. Since Marbury is entitled to the remedy, the question would remain of whether or not a writ of mandamus (judicial method in which...
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...Rule of Law Paper Currently computer use has become a day-to-day activity for students, professionals, universities, teachers, bankers, in entertainment, in medical business, and in organizations. As any other mechanism, the computer has two ways of operation. One use is good and essential, while the other is bad and unnecessary. Whenever a new machine is invented, many people use it for the wrong purpose unintentionally and so to make them conscious of their wrong use and to make them use the machine for its appropriate uses, laws are formulated and implemented. For the computer, cyber law was implemented to regulate cybercrime and inform people on the different types of computer uses that are viewed as legal and as crimes. One of the most commonly violated cyber law is the United States anti- cyber-stalking law, which is found at section 223 of the United States constitution stipulated for the cyberstalking crime. The anti-cyber-stalking law according to Hitchcock (2006) defines a cyber stalker as a person who intentionally, cruelly, and continuously harasses another person through the internet with the intention to make the person fear for his or her safety or the safety of other people who are closely connected to the victim. Additionally, a cyberstalker maybe an online stranger or a person known to the victim and may involve other people online who are not in any way connected to the victim. Lawfully, cyberstalking is considered as a criminal offense that is moderated through...
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...credit or charge card or information contained on or for use with the card, or (H) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State or (ii) any credit device account. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of (A) the use of a credit or charge card or information contained on or for use with the card or (B) a credit device account. Account debtor: a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. Accounting: a record (A) authenticated by a secured party; (B) indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the...
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...Call for Papers on “Corporate Law: Contemporary Issues & Challenges” Posted on February 1, 2015 by LexQuest The Law Mantra Law journal (ISSN 2321 6417) is a monthly academic journal, published online, that seeks to provide an interactive forum for the publication of articles in the field of Law. The Journal is currently soliciting submissions for Volume 2, Issue 4, which will be published in March 2015. The submission deadline for Volume 2, Issue 4 is March 30, 2015. We welcome submissions from academicians, practitioners, students, researchers and experts from within the legal community. We have a strong preference for articles that assert and defend a well-reasoned position. Law Mantra is an Online Journal and Web Portal, under the Chief patron of Dr. Hon. Justice Malimath, former Chief Justice Karnataka and Kerala High Court, Prof. (Dr.) M.P.Singh, Chancellor Central University, Haryana, Prof. (Dr.) Gurjeet Singh, Founder Vice-Chancellor N.L.U.J.A Assam, Prof. (Dr.) Faizan Mustaffa, V.C NALSAR Hyderabad, Prof. Shamnad Basheer and other luminaries from the legal fraternity. It is aimed at institutionalizing and channelling the analytical and incisive articles of students towards value addition and developing inherent potentials of legal fraternity. The Themes for Call for Paper is “Corporate Law: Contemporary Issues & Challenges” Write us journal@lawmantra.co.in or editor@lawmantra.co.in About The Competition: The competition basically has the purpose to bring...
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...Labor Laws and Unions Paper Patricia Baskerville HRM/531 February 27, 2012 Professor Brian Frank Labor Laws and Unions Paper Unionization plays a critical role in protecting the rights of the employees within the workplace. In today’s economy, very few industries have unions such as manufacturing, education and healthcare. In this article, Ford Motor Company, an automobile industry has a large union mainly because of the size of the company. This article will discuss Ford’s motor company background, and its legal issues or obstacles the organization may encounter. In addition, this article will discuss Ford’s legal issues violation and possible recommendations to minimize litigation. Following, this article will discuss Ford’s benefit of joining a union and the process the organization took toward unionization, and the method the union uses to bargain. In closing, this article will discuss the effects union bargaining has on Ford Motor Company. Furthermore, Ford Motor Company union assisted with its operational processes by increasing its performance and production level. Background Henry Ford, the founder of Ford’s Motor Company developed this organization in 1903. Henry Ford’s objective was to create a company that is the leading automotive manufacturing company throughout the world. Ford Motor Company produces cars, trucks, commercial trucks, and replacement automobile parts. Ford Motor Company employs over 200,000 people including 170,000 employees and 40,000 United...
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...Introduction The flaw of the law is very common in Bangladesh. In fact there is no flaw of any laws, but the way you use it. Here the proper word can be used as abusing laws. People misuse the law for their own benefit. But the consequence of abusing or misusing law is very dangerous. It is not only a common practice in Bangladesh but also in other developed countries. But the scenario we have here is much more threatening as well as immoral in our society. Actually what we do by misusing law, we do not care about the consequences. If we take a closer look to our society, we will find that there are many areas where the violations of law are very common. Misinterpretation of different sections is also available and which mainly leads to the flaw of law. By doing this the rate of corruption goes up. This law loop hole creates section violations, bribery, custodial death and others. The topic talks about a vast area which simply cannot be discussed easily. There are many problems that we have in our society. Here I have narrowed down the topic and will discuss about Section 54, 167 and 61 of Code of Criminal Procedure 1898. All these sections talks about arrest without warrant and detention rules. In our country, these sections are misinterpreted randomly and as a result it violates sections and makes way for corruptions. Actually political and some muscle man of our society does these unlawful things in the name of law to eliminate their obstacles legally. There...
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...Business and Society Law David White LAW/421 May 14, 2013 Page Beetem Business and Society Law In looking at the role of law in business and society, it is helpful to first understand the definition of Law and how that definition is applied in the business environment. Law of some variety has been a part of society since the time of the most primitive societies. Initially, the primary purpose of the law was to keep the peace, but as society became more complex and developed, the law took on additional functions. Today, at least eight major functions of law can be identified: (1) to keep the peace, (2) to influence and enforce standards of conduct, (3) to maintain the status quo in certain aspects of society, (4) to facilitate orderly change, (5) to allow for maximum self-assertion by the individual, (6) to facilitate planning and the realization of reasonable expectations, (7) to promote social justice, and (8) to provide a mechanism for compromise solutions between polar principles and positions. (World Academy Online, 2012) Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Some general concepts of business law include malpractice, fraud deterrence, financial regulation, international trade law, employment issues,...
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...Traditional Approaches to Horizontal Choice of Law (introduction/Class 1 = Keeton v Hustler) Keeton v Hustler Discusses procedural v substantive inquiry Mentions 5 CoL considerations: predictability; relationships among the states; simplification; forum interests; sounder rule approach I. What are we looking for in a CoL system? Examples a. Predictability [for litigants] b. Uniformity c. Ease of application d. Respect for state sovereignty (vested rights largely looks to this) e. Respect for state policy f. Justice for parties g. Party expectations h. Better law II. Domicile a. Def: includes mutual obligation between state and individual b. State of domicile at death is controlling law i. Standard: Mined + left behind → 1. Abandoned (physical travel to new domicile) + manifested intent to remain 2. Note: objective + subjective elements c. Test established in White v Tennant (WV 1888) i. Family farm extends over WV/PA borders; husband went to WV on same property to care for wife, planned on going back on the same day ii. H: PA law controls iii. Note: siblings still live in WV, may be favoring forum even though the court doesn’t seem to be….still is room to play d. Test maintained in Maksym v Board of Election Comm’rs of City of Chicago (BB…Rahm Emanuel Case) i. *Once a domicile is established, presumption that you retain it until you create a new domicile ii. Rejects interpretation of “actually lived” iii. Intent is unclear (including...
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...Sheila Wilkinson LAW/421 The three classifications of law are; criminal and civil law criminal law is where public commitment of crimes is prosecuted by the governing bodies. Civil law is where a private party may have a lawsuit against another person for a crime which may have been committed. Substantive and Procedural Law-substantive law is the rights and duties of the people procedural law defines how the courts handle’s try and sentence a case. Public and Private Law-public law is define as the relationship between the government and the individuals and private law is how the individual or groups act with each other. Bushman, M. (2007). Law plays an important role in business and society it is a set of rules that is in place to help society and business function. When an individual has a dispute they are able to bring their dispute to the court of law and have them settle the dispute for them. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). Business has and ethical duties to perform in a professional manner if they do not adhere to the law they can be subject to criminal charges are fines. I am employed at Tulane Hospital and Clinic; we have an ethical duty by law to provide quality...
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...Law Case Analysis According to the law case EEOC v. FREEMAN, the EEOC filed a law suit against Freeman and alleged the company’s hiring policy which includes criminal background and credit history checks, has a disparate impact on African-American, Hispanic, and male applicants. And the material fact of this case is whether Defendant’s hiring criteria of conducting criminal background and credit history checks is consistent with business necessity. Since the Defendant was charged by the EEOC with unlawful discrimination in this case, the source of law is the Title VII of Civil Rights Act of 1964. “Title VII prohibits discrimination in hiring, firing, trainings, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett- Alexander & Hartman, 2011). As a federal law enforcement agency, the Equal Employment Opportunity Commission has obligations to investigate violations of Title VII and enforce laws against discrimination in workplace. In addition to the EEOC’s unique role, Title VII requires federal district courts to take the Title VII discrimination case for judicial review only after the EEOC has first disposed of the claim (Bennett- Alexander & Hartman, 2011). And according to the case, since the EEOC accepted applicant Katrina Vaughn’s discrimination complaint about Defendant’s violation of Title VII by rejecting hiring her based on her credit history information, the...
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...MEMORANDUM TO: Bradley Stonefield FROM: Atwood and Allen Consulting DATE: April 13, 2015 SUBJECT: Employment Law Compliance Plan CC: Traci Goldeman, Manager In regards to your interest in opening the limousine service, Landslide Limousines, we would first like to address employment laws. Each state has their own set of laws aside from federal laws that have been put in place and it is important to be aware of them in a business venture. The employment laws dictate and lead employers on how they’re permitted to treat their employees. Both state and federal employment law make certain that the rights of the employees remain protected. The following are the some national employment laws, as well as specific Texas laws we found relevant to your business that must be followed: * The Civil Right Act of 1964 * The Americans with Disabilities Act of 1990 * The Family Medical Leave Act of 1993 * The Texas Minimum Wage Law Employment Laws The Civil Rights Act of 1964- Title VII In cases of racial discrimination where the employer is found guilty he or she is responsible for providing punitive damages as punishment for their conduct. The plaintiff will also receive a compensatory damages from the employer as reimbursement for injuries and/or harm. (Cascio, 2015) The plaintiff is also eligible for two years back pay of filling charges if employment was attained then with employer. To avoid civil right suits under title vii it is important that when interacting...
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...Law Opinion Paper Introduction to Criminal Court System CJS/220 Instructor: XXXXXXXX Law Opinion Paper: The relationship between the common law and the legislature. The American common law system had originally been mirrored from medieval England, when criminals and civil laws were decided by judges based according to biblical prophecies as well as where they presided from. Now laws are created, enforced and micromanaged by three legislative branches of government. The reasoning for each branch having specific responsibilities is so that no one branch is able to corrupt the “checks and balances” system that was based according to the principals written in The United States Constitution and other important legal documents. The Legal System The United States government is overseen and governed by laws that were created by public officials. There are three branches of government: * The Legislative Branch of government (state or federal) enacts a group laws that are enacted by public officials. * Once the laws are enacted then they are enforced by The Executive Branch which controls the law enforcement agencies. * The Judicial Branch makes sure that those enacted laws serves a balanced purpose and are legally as well as ethically fair to all in serving their purpose. The American legal system today was conceived based from two major concepts that originally came from the medieval England’s common laws: Precedent and Codification...
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...Briana Lyles Torts and Product Liability 11/22/2011 University of Maryland – University College AMBA 610 – Section 9040 Dr. Kathleen Locklear Introduction This paper will discuss two types of law and how they apply to two separate lawsuits. According to The Legal Environment of Business: A Critical Approach by Kubasek, Brennan, and Browne, Tort law is defined as “an injury to another’s person or property.” Tort Law has many goals that are in place to assist injured person through monetary compensation and even mental compensation. Additional goals of Tort Law are to discourage private retaliation, promote civility, and deter wrongful actions (Kubasek et al., 2009). Tort Law also tries to ensure that the plaintiff receives compensation for damages. Another type of law explained in The Legal Environment of Business: A Critical Approach is Product and Service Liability Law, which was evolved from Tort Law. Manufacturers of products and givers of service owe a level of responsibility to the consumers of their product or service. The liability laws hold manufacturers accountable if the consumers are somehow unable to use their product without it causing harm to them. The cases discussed in this paper involve Tort Law violations as well as Product and Service Liability law violations on the part of the defendant in both cases. The Facts A CAT scan was performed on Judith Haimes by Dr. Judith Hart, a physician who works at Temple University. Before the CAT scan was performed...
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...RUNNING HEAD: Criminal Law Paper Criminal Law Paper John Butler Bachelors of Science of Criminal Justice Maryland v. King, 569 U.S., On June 3, 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner check was no different than taking a photo or being fingered printed during the booking process. This case came to be after a individual was arrested and booked for assault and during the booking process the individual had the inner cheek swabbed as part of the booking process as part of Maryland DNA Collection Act (Maryland Act) . After this individual DNA was process per the Maryland Act, the DNA matched that of an unsolved rape from years earlier. Because of the match DNA this individual was convicted and sentenced of the rape. When appealing the verdict the individual argued that his fourth amendment right was violated. What interested me about this case was the taking of DNA during the booking process. I have always thought that giving a DNA sample was something that was voluntarily given, rather than being forced. Or if there was a court order to obtain one’s DNA. I know that many states across the county have been creating laws regarding the collection of DNA from individuals who are involved in the criminal justice system. Some states collect DNA during the booking process, while other states only...
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...Role and Functions of Law Paper University of Phoenix Online Law 421 Rachel De Angelo November 6, 2014 Role and Functions of Law Paper The company that I have chosen for this assignment is my current employer, Hospira Pharmaceuticals, they are a global organization which conducts business in many different countries. In this paper, I will discuss the functions and role of law how it applies to Hospira’s ability to conduct business. I will also briefly define how law impacts businesses and society in general. Hospira Hospira is a leading provider of generic injectable drugs, infusion technologies and contract manufacturing. Hospira is an international company employing approximately sixteen thousand employees. The pharmaceutical industry is required to comply with many laws in the manufacturing and distribution of their drugs and healthcare products. From my reading chapter one of The Legal Environment of Business the author defines Law as "a body of rules of action or conduct prescribed by controlling authority, and having legal binding force (Melvin, 2011, Chapter 1)." Law helps us maintain order in society and protect our rights. The functions of laws at Hospira ensures our product quality and safety. In addition to the regulatory laws Hospira must also comply with Federal and State Labor laws for their employees. Labor laws function to prevent discrimination, harassment, dangerous work environments. To be proactive Hospira utilizes an in-house and general legal...
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