...1. Please select one or more of the questions included in the "Notebook," and post specific reasons why the questions should be avoided while interviewing applicants for a job; Have you ever been arrested? You can ask whether the applicant has ever been convicted of a felony.) The Wisconsin law prohibits inquires about past arrest records but permits consideration of current arrest. If an applicant is currently under arrest for an offense that is substantially related to the job, an employer may either suspend judgment until on the case is resolved, advise the applicant to reapply when the charge is resolved, or refuse to employ the applicant. Some exceptions an employer may not refuse to employ a person or discharge a person with a conviction...
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...Ch25Q#1 Product liability; defect. There was no design defect. There was sufficient warning on the product. The fact that the landlord did not extend the warning to the tenants is not the responsibility of the product manufacturer. Hot water is hot - this simple fact does not allow recovery in this case. The landlord is liable for transferring any information of harm or danger to the tenants. The maker of the product manufacturer fully disclosed the information and did exactly what it is required to do. Ch26Q#11 Adequate assurances of performance. The court held that the seller had the right to stop work on one special production contract when the buyer had not paid on a contract for standard goods already delivered. The buyer had not paid in a substantial amount of time and the seller had the right to be concerned about payment for specially manufactured goods. Demanding assurances was justified even though the non-performance was on a different contract. Ch27Q#1 Statute of limitations. Firwood's resale may have taken three years, and the contract goods may have been sold as parts, but Firwood acted in good faith in trying to mitigate damages because there simply was no market for PCIs at the time of General Tire's breach. Firwood acted in good faith and pursued buyers diligently over that three-year period. While the time period may be less than optimal and the sale of the goods as parts not always desirable, Firwood did the best it could, given the market following...
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...brought the case against Hale, the driver, and Ford because the company failed to test the seat-belt sleeve, even though he did not "seriously pursue the claim against Hale" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). The case against Ford was based on "two product liability claims: one for not testing the seat belt and the other a design defect claim related to the vehicles tendency to rollover" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). Branham alleged in his case that "Ford was negligent and strictly liable in failing to effectively test the sleeve" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). However, the trial court "dismissed the strict liability claim on the grounds that the seatbelt sleeve was not a as a matter of law in a defective condition unreasonably dangerous to the user at the time of manufacture" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). This meant that Ford could be held accountable for any injuries sustained to the buyer, but did not stipulate that the person injured had to prove that the manufacturer was negligent. 2) It is often said that product liability causes of action, especially negligence and strict liability, are coming together or merging. Discuss this idea in light of the South Carolina Supreme Court's decision. In product liability causes of action, it is apparent that negligence and strict liability are coming together. In light of the South Carolina Supreme Court's decision, both negligence and strict liability...
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...Fill in the blank with a correct answer. 1. One type of shares is a redeemable ____________________ share. 2. All companies listed on the ____________________ are public company but not all public companies are listed. 3. In a meeting, ____________________ notice is required in order to remove an auditor or a director of a public company. 4. If a name is available to form a company, the Registrar will reserve it for ____________________ months. 5. One of the documents to be lodged with the Registrar to form a company is Form 48A, statutory declarations by promoters and ____________________. 6. Under Section 181 (1) (a) of Companies Act 1965, an oppression remedy can be applied where affairs of company or power of directors exercised in oppressive manner to one of the members or ____________________ to member’s interest. 7. The Memorandum of Association (MOA) defines the essential components of the structure of the company, partly for the ____________________ of those who do business with it 8. One of statutory exceptions for separate legal entity is provided under ____________________ of Companies Act where if a company breaches the prohibition against providing financial assistance for the purchase of its own shares, its officers and not the company, would be guilty of a criminal offence. 9. As affirmed in Khoo Choon Yam v Gan Miew Chee @ Gan Khuan Poh, Dato’ Dr & 6 Ors (2000), if all the directors are present together in ____________________ and consent to...
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...In relation to estate law joint tenancy is a form of ownership of the same property by two or more people. The owners of the property are called tenants, and share equal ownership, and have full equal rights to property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or do away with the property. Joint tenancy generates rights of survivorship, providing that if a joint tenant should die then the remaining property will be transferred to survivors. Joint tenancy should not be used if the owners do not want the property title pass on to the survivor. According to the Free Legal Dictionary, joint tenancy is “adopted from common-law tradition, joint tenancy is comparative to another form of concurrent property ownership: Tenancy in Common, a less restrictive form of ownership that sometimes results when joint tenancies do not exist” (Free Legal Dictionary 2010). Several key characteristics that distinguish joint ownership from tenancy in common include, joint tenants own an undivided interest of the entire property; each share is equal, and no one joint tenant can ever have a larger share. This differs from a tenant in common because tenant shares vary in proportions; one may have a larger share of property than the other tenants or only a fraction. Another distinction is that the estates of the joint tenants are fixed and unalterable by any condition for exactly the same period of time such as, the...
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...Identify which, if any, of the below circumstances can occur as a result of an appeal: The appellate court can reverse the trial court The appellate court can affirm the trial court The appellate court can remand the case to the trial court Any of the above Does it ever occur in a lawsuit that the defendant stipulates to the plaintiff’s factual allegations? Yes No The quantum of evidence required for a verdict in a civil case is identical to the quantum of evidence required for a conviction in a criminal case. True False The jury hears the evidence presented at trial and decides the facts that are disputed in the lawsuit. The jury is instructed to follow the law given by the judge and then to attempt to reach a final verdict. True False If a judge incorrectly instructed the jury on the law, could this be the basis for a successful appeal of the verdict? Yes No A plaintiff is the party who initiates a lawsuit by filing a complaint. The plaintiff’s name appears at the top...
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...RMIT COMMERCIAL LAW [pic] Weekly Case-studies for Small Group Seminars Semester 1, 2012 Week 2 case study Deciding what legislation means Case-study: The toxic waste Late in the afternoon on 1 December 2009 Alex Demetriou, who owns a waste removal business, collects a truckload of contaminated soil from excavations at a building site in Melbourne. He drives the full truck back to his company’s yard in Werribee. He leaves it parked there overnight, intending to drive it to a remote dump the next day. A municipal inspector sees the truck in the yard and discovers that the soil in the truck is toxic waste. The inspector tells Alex that the law forbids storing such materials near a river or river bed without a special permit. Alex admits that the soil is contaminated and says that he cannot produce a permit. The Werribee River is three kilometres from the haulage company’s yard. The inspector makes a report to the Police, who charge Alex with a breach of s 3 of an Act called the Contamination Avoidance Act. Alex is given the option of admitting guilt and paying a fine of $1,000. Otherwise, he will have to defend the charge in court. Alex asks for your advice. He admits the soil was left in the yard, but says it was only left there overnight and that he always intended to move it the next day. He says that, in these circumstances, he does not...
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...Question 1 (1 point) Enrico says that positive charge is created when you rub a glass rod with silk, and that negative charge is simply the absence of positive charge. Rosetta says that negative charge is created and that positive charge is the absence of positive charge. (She has heard that Ben Franklin should have reversed the signs he associated with the charges.) Which one, if either, is correct? Question 1 options: 1) Enrico, because there really is only one kind of charge. 2) Rosetta, because there really is only one kind of charge. 3) Neither: although no charge is present originally, both types of charge are created through friction. 4) Both: only one type of charge is created by friction at any one time. 5) Neither: both negative and positive charge are present simultaneously in all solid materials on Earth. Question 2 (1 point) A particle (m = 50 g, q = 5.0 mC) is released from rest when it is 50 cm from a second particle (Q = -20 mC). Determine the magnitude of the initial acceleration of the 50-g particle. Question 2 options: 1) 54 m/s2 2) 90 m/s2 3) 72 m/s2 4) 65 m/s2 5) 36 m/s2 Question 3 (1 point) Two charged particles, Q1 and Q2, are a distance r apart with Q2 = 5Q1. Compare the forces they exert on one another when F1 is the force Q2 exerts on Q1 and F2 is the force Q1 exerts on Q2. Question 3 options: 1) F2 = 5F1. 2) F2 = -5F1. 3) F2 = F1. 4) F2 = -F1. 5) 5F2 = F1. Question 4 (1 point) Each of two small non-conducting...
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...There is substantial evidence that by 1926, with the publication of The Weary Blues萎靡的蓝调, Langston Hughes had broken with打破 two well-established确立已久的 traditions in African American literature. In The Weary Blues, Hughes chose to modify the traditions that decreed规定 that African American literature must promote racial acceptance and integration融合, and that, in order to do so, it must reflect an understanding and mastery 掌握of Western European literary techniques and styles. Necessarily excluded 排除by this decree规定, linguistically and thematically, was the vast amount of secular 长期的folk material in the oral tradition that had been created by Black people in the years of slavery and after. It might be pointed out that even the spirituals 圣歌or “sorrow悲痛的 songs” of the slaves—as distinct from their secular songs and stories—had been Europeanized to make them acceptable within these African American traditions after the Civil War. In 1862 northern White writers had commented favorably on the unique and provocative激励人心的 melodies of these “sorrow songs” when they first heard them sung by slaves in the Carolina sea islands. But by 1916, ten years before the publication of The Weary Blues, Hurry T. Burleigh, the Black baritone男中音 soloist独唱歌手 at New York’s ultrafashionable非常流行的 Saint George’s Episcopal 主教的Church圣公会, had published Jubilee大赦年 Songs of the United States, with every spiritual圣歌 arranged 编排so that a concert singer could sing it “in the manner 方式of an art song.” Clearly, the artistic...
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...Chapter 51 Questions 1) No, it is not a good argument. Brown was on her lunch break so she was not doing what her employment required her to do. Brown’s job does not require her to be walking in the road and her job did not require her to be in the road in the first place. The conditions of her injury do not satisfy the requirement of arising out of employment that is needed. Her job did not have an increased risk or positional risk. Brown also was not injured while performing any of her employment duties so it did not happen during the course of her employment. 3) Rawlinson should assert that the Alabama state prison system violates the disparate impact of Title VII. The stated rule of being at least 5 foot 2 inches and 120 pounds is not discriminatory at first but then you realize that this rule could be discriminatory against women because not many men are shorter than 5 foot 2 inches or weigh less than 120 pounds. Rawlinson doesn’t really need a method for proving discrimination for the second part of her case because the Alabama prison system has a rule that expressly discriminates against hiring women for positions that will have close contact with the inmates at high security prisons. Since the maximum security prisons in Alabama don’t use cells but house the inmates in barracks, this would mean that all prison guards would have close contact with the inmates which would mean that no women would be able to be hired for these positions. The defense that the Alabama prison...
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...MORALITY AND THE LAW; The Validity Question By Nfon Mark PLAN Introduction -A general overview of Morality and the Law -Definition of Morality and the law -Principles of Morality -The validity question Body -principles of Morality in details -The principle of Truth -The principle of Courage -The principle of Compassion -The principle of Love - The principle of Forgiveness - A general overview of other principles of morality II Reasons for and against the law taking validity from Morality. -Reasons why the law most take its validity from Morality -Reasons against the Law taking validity from Morality. -conclusion with a personal view Morality and the law; the validity question The notions of Morality and the Law are as old as the biblical story of creation, where God created man and gave him rights, duties and laws to follow (Genesis 1). According to the oxford dictionary, morals is ‘concerned with or derived from a code of behavior that is considered right or acceptable in a particular society. (Www.Oxforddictionaries.com). morality is the degree to which something is right and good. The moral goodness and badness...
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...NOTTINGHAM LAW SCHOOL LL.B 2012-2013 LL.B – DISTANCE LEARNING COURSEWORK PROFORMA Please complete and submit this form as the first page of every coursework otherwise your coursework will not be accepted. |Student Number: |Tutor: | |Mark Awarded: | |(As shown on your student card) | | | | |N0455569 | | | | Subject:Law of Contract……………………… Coursework Number: Two Date of Submission: 6th January, 2013 • This form MUST be attached to the front of every coursework submission. Work without a proforma will not be accepted by the Law School Office. • All Coursework must be received by in the coursework drop box by 12 noon on the due date. • Late submissions will be subject to strict penalties as referred to in the Course Handbook. • Coursework extensions may only be granted by the Course Leader or the Deputy Course Leader, see instructions in the Course Handbook. Other tutors are not authorised to grant extensions Task On 20th November Keith, the owner of a conference hall, entered into a contract with Tech Ltd. The contract price was £15,000 under which Tech Ltd agreed to install a new high-tech multimedia projection system. It was agreed that the system had to be...
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...Are there changes or improvements you would envision for the Metcalfe County Sheriff’s Office? Briefly describe, giving specific examples. (A). Working together with all Public and Governmental Agencies in a polite and professional manner. I pledge to always be fair and honest! My Deputies and I, will always serve and protect you and the community with integrity! (B). Law Enforcement coverage for all the County, 24/7 to protect and deterrent crime. (C). I will strive to build a Sheriff’s Department, second to none! (D). Implement a Detective to help me focus strictly on drugs and theft activities! (E). File and strive to receive Grants from State and Federal Grant Agencies. (F). Enhance verbal communication training to have a meaningful relationship with the public. (G). I will dedicate my services to be a full time working Sheriff at your calling at any time during emergencies to protect your life and property! 3. Give the current Sheriff a grade on his work over the past term (A, B, C, D, F). Explain why you gave that grade. What will you do...
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...In re Sir Dinshaw Maneckjee Petit Bari AIR 1927 Bom. 371 Marten, C.J. – For the financial year 1925-26, the assessee Sir Dinshaw Petit has been assessed for super-tax on an aggregate income of Rs. 11,35,302 arising in the previous year. Of this sum he objects to Rs. 3,90,804 made up of two sums of Rs.2,76,800 and Rs. 1,14,004, the former of which arises from Government and other fixed interest bearing funds, and the latter from dividends in companies. Nothing appears to turn on this distinction, and I shall accordingly ignore it. Admittedly the assessee is the legal owner of most of these funds in the sense that they stand in his name and the interest and dividends are paid to him direct. Admittedly as regards the rest the apparent legal owners are his nominees and he receives the interest and dividends. Admittedly he has retained all the above interest and dividends and applied the same to his own use. But he contends that he is only a trustee for certain family companies which he has formed: that the interest and dividends are theirs and not his: that he has credited them in account, and that though he has had the benefit of them in specie this is because the family companies have lent him these moneys at interest which he has credited to them in account although he has not actually paid the interest in cash. He says that the family companies are under no obligation to declare a dividend, and are entitled to lend out their income in this way, even though it results over...
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...:1: QUESTION PAPER BOOKLET CODE : A Question Paper Booklet No. 327 Roll No. : Time allowed : 3 hours Total number of questions : 100 Maximum marks : 100 Total number of printed pages : 20 Instructions : 1. 2. Candidates should use blue/black ballpoint pen ONLY to fill-in all the required information in OMR Answer Sheet and this Question Paper Booklet. Answer Sheet cannot be taken out from the Examination Hall by the examinees and the same is required to be properly handed over to the Invigilator/Supervisory staff on duty and acknowledgement be obtained for doing so on the Admit Card before leaving the Examination Hall. Candidates are required to correctly fill-in the Question Paper Booklet Code and the Question Paper Booklet No. (as mentioned on the top of this booklet) in the OMR Answer Sheet, as the same will be taken as final for result computation. Institute shall not undertake any responsibility for making correction(s) at later stage. This Question Paper Booklet contains 100 questions. All questions are compulsory and carry ONE mark each. There will be no negative marking for wrong answers. Seal of this Question Paper Booklet MUST NOT be opened before the specified time of examination. Immediately on opening of Question Paper Booklet, candidates should ensure that it contains 100 questions in total and none of its page is missing/misprinted. In case of any discrepancy, the booklet shall be replaced at once. 3. 4. 5. 6. 7. Each question is followed...
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