...Interesting Facts About Laws of Thermodynamics • Zeroth law: Although the concept of thermodynamic equilibrium is fundamental to thermodynamics, the need to state it explicitly as a law was not widely perceived until Fowler and Planck stated it in the 1930s, long after the first, second, and third law were already widely understood and recognized. Hence it was numbered the zeroth law. The importance of the zeroth law as a foundation to the earlier laws is that it defines temperature in a non-circular logistics without reference to entropy, its conjugate variable. • First law is nothing but a connotation of Energy Conservation • Second Law of Thermodynamics has been formulated differently by many scientists like Kelvin, Planck, Clausius and Caratheodory. But this law is the outcome of a very basic fact that Entropy of a spontaneous system always increases. Entropy is also defined qualitatively as Disorder of state. This is a common experienced fact that if let on its own, the disorder of a system always increases and work has to be done to bring it back in order. • According to the second law the entropy of any isolated system, such as the entire universe, never decreases. If the entropy of the universe has a maximum upper bound then when this bound is reached the universe has no thermodynamic free energy to sustain motion or life, that is, the heat death is reached. • The famous theory of evolution violates our Second Law of thermodynamics. Second law states...
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...Negligent homicide CASE Facts: Around 10:30 p.m. one night after Kelly Hallett and Richard Felsch had drunk to intoxication, they drove to a highway intersection which has stop signs. However, they bent over the stop signs. Then Hallett removed and relocated with another stop sign.The following morning Krista were driving on that highway and when she drove to the intersection where she didn’t see the stop sign, an accident happened. Krista collided with a car driven by Betty Carley. Carley then suffered injuries and die at a hospital. Hallett was charged with manslaughter. Analysis: In this case, Hallett will be charge with criminal homicide. There are three kinds of criminal homicide, Muder, Manslaughter and Negligent homicide. Murder is defined as the killing of one human being by another intentionally with malice aforethought, In many states can by punished by the death penalty because Murder is graded as felony. However in this case, Hallett could not be guilty of murder. Because the evidence showed that Hallett was not premeditated remove the stop sign. He didn’t intended to cause the injuries of Carley. So due to the definition of murder. Hallett can’t be guilty for Murder. In determining whether one should be charged with manslaughter the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder. Moreover. Whether the person could be charged with the same offense which cause him has had to defense.,In this...
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...taxable in Australia whereas if he is a foreign resident his assessable income would only include income from Australian sources, e.g. his Australian listed share dividends and his rent from the rental of his family home. The complicated facts are that LW signed a 3-month contract on the 1st July and then went on to sign a 3-year contract on the 5th of October 2009. In May 2012, LW returned to Australia due to family illness. Rules A person is a resident if he/she resides in Australia under Section 6(1)(a) of ITAA1936 and includes a person i) Whose domicile is in Australia, unless the Commissioner is satisfied that the person’s permanent place of abode is outside Australia. ii) Who has actually been in Australia, continuously or intermittently, during more than one half of the year of income. iii) Who is: a) A member of the superannuation scheme established by deed under the superannuation act 1990; or b) An eligible employee for the purposes of the Superannuation Act 1976; or c) The spouse, or a child under 16, of a person covered by sub-subparagraph (A) or (B) Section 6(1)(a) of the ITTA1936 defines a resident of Australia as a person other than a company who resides in Australia. Under common law, this test is referred to as the ordinary concepts test. In the cases of Levine v IRC (1928) and IRC v Lysate (1928), it was held that a broad range of factors will be considered in determining ordinary residence such as the maintenance...
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...KELLY McCLAIN, Plaintiff and Appellant, v. OCTAGON PLAZA, LLC, Defendant and Respondent COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, 159 Cal. App. 4th 784; 71 Cal. Rptr. 3d 885; January 31, 2008, Filed FACTS: 1. McClain owns and operates business known as A+ Teaching Supplies. 2. Ted and Wanda Charanian are the principals of Octagon, which owns and operates a shopping center in Valencia, California. 3. On February 28, 2003, McClain agreed to lease commercial space in the shopping center for five years and two months. 4. The contract has an option to extend the lease for two more five-year terms. 5. The lease is a standard form agreement prepared by the American Industrial Real Estate Association. 6. Paragraph 1.2(a) of the lease says the size of the unit leased to McClain is “approximately 2,624 square feet” with a diagram attached showing this size. 7. Paragraph 2.1 states “Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating Rent, is an approximation which the agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less.” 8. Paragraph 2.4 goes on to state “Lessee acknowledges that: (a) it has been advised by Lessor… to satisfy itself with respect to the condition of the Premises… , and their suitability for Lessee’s intended use [and] (b) Lessee had made such investigation as it deems necessary with reference to such...
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...| What is the Nature of Law | Ian ToughS211177 | | | | | WHAT IS THE NATURE OF LAW 1 What is the nature of Law? What is the Law? Does humanity have any regard for laws?Do all societies have the same laws? The answer to these questions, are thought to have two competing answers. The classical answer is provided by natural law theory, which is frequently characterized as asserting that there is an essential relationship between law and morality or justice. The modern answer is provided by legal positivism, which, as developed by John Austin, asserted that law is the command of the sovereign backed by the threat of punishment. Arguments over the nature of law focus on a revised set of positions. Legal positivism is represented by analytic legal positivists, like H.L.A. Hart, Joseph Raz, and Jules Coleman. The natural law tradition is defended by John Finnis. And a new positition,interpretivism is represented by Ronald Dworkin. The "What is law?" question has been approached by contemporary legal philosophers who have over many decades attempted to define the term. For example, the sociological tradition includes important work on the nature of law by Max Weber and Niklas Luhmann. . Natural law theory is strongly associated with classical and medieval thought, especially Aristotle, Roman jurisprudence, and St. Thomas Aquinas. There are several challenges associated...
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...systems, pretended absolutes and origins’ and turned towards ‘facts, actions and powers’. The realists studied law on the basis of rejection of ‘myths and preconceived notions’ and on the acceptance of recording accurately things as they are, as contrasted with things as they ought to be. A true science of law demands a study of law in action. ‘Law is as law does’. According to the realists, law consists of a body of generalisations about the conduct of judges or officials. For example Cook treats rules as descriptions of past decisions. He states: “This past behaviour of the judges can be described in terms of certain generalisations which we call rules and principles of law”. Law is, according to the realists jurists, what officials (judges) do; it is not to be found in, and cannot be deduced from, the mere rules by which those officials are guided. An investigation of the unique elements of cases, an awareness of irrational and non-logical factors in judicial decision-making, an assessment of rules of law by an evaluation of their practical consequences- these are some of the characteristics of the realist approach. The main concern of the realist movement was the desire to discover how judicial decisions were reached in reality, which involved a playing down of the role of established rules, or the ‘law in books’, to discover other factors that contributed towards a judicial decision, in order to discover the ‘law in action’. Once the realists had deciphered the factors that...
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...HOW TO READ A LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr Copyright © 2007 Orin S. Kerr Second Series • Autumn 2007 Volume 11 • Number 1 Published by The Green Bag, Inc., in cooperation with the George Mason University School of Law. HOW TO READ A LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr† This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them. W I. WHAT’S IN A LEGAL OPINION? hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This † Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51 ...
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...emphasised that this Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International Law 7. General resources of International Law 8. Preparation of Memorials 9. Preparations of Oral Submissions 10. General Information 1. What are the areas of law involved in International Moot Courts? International moots are based on either of the two areas: i. International Law Broadly defined, it is the body of legal rules, norms, and...
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...Introduction Students may be concerned that writing and referencing a law academic paper is ‘different’ to other types of academic papers. This is not correct except that perhaps the level of analysis required may be greater and more reliance on primary sources (e.g. precedent cases and legislation) and secondary sources (textbooks, articles) may be required. But the basic fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose of legal case study questions is both to engage you in problem...
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... Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is “brief”; ideally the case brief should be about one page in length and never over two pages. Nevertheless, it is important that a brief contain the following: TITLE AND VENUE: Identify the case name and citation in the correct format. RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement. Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only one is the rule with which the judges are most concerned. The techniques used to locate the issue, described below, may also be utilized to find the rule of law. FACTS: A synopsis of only the essential relevant facts of the case, i.e. those bearing upon or leading up to the issue. The facts entry should be a short statement of the events that led one party to initiate legal proceedings...
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...CAIN AND ABEL LAWFIRM Memo To : Senior partner From : Willem Ouwehand Date : September 25, 2015 Subject : Assignment #1 Introduction to Law The case we are currently handling is a dispute between Sophie Hess and Antoinette Royan regarding a claim on real estate through inheritance. The case involves several facts that we have to read thoroughly and apply the law which is applicable to these facts. To gain a better insight we will analyze and review various facts that are of importance to this case. i)First of all, Adrien Hess while married to Sophie Hess had already began his relationship with the mother of Antoinette Royan, Angela Royan. ii)Whilst married to Sophie Hess, Adrien Hess gave a large sum of money to Angela Royan ....
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...Briefing a case for Business Law Briefs are written by lawyers in preparation - for exams, mediation, and trials. The purpose of a good brief is for you and your audience to be able to discern what the “meat of the coconut” in a case, quickly easily and in a short period of time. A brief contains three parts, a short statement of the facts, the decision and the reasons for the decision. a short statement of the facts The first thing to put in the brief is a short statement of the facts, answer the questions Who, What, Why, When and How. Think of yourself as a reporter trying to get “just the facts mam, just the facts”. 1. Who sued who? Who was the Plaintiff? Who was the defendant? Were their multiple parties? Who was the judge? 2. What were they arguing about? Money? Property? A legal issue? What Court were they in? 3. Why are the facts important to the case? What seem to be the most significant facts? 4. When did the case occur? If a case is very old it may no longer be current law. 5. How did the events unfold, who did what to who? In some cases will be easy to describe the facts, in others it will be more difficult, but determining the facts are where all cases begin, our system is fact based. The Holding of the Court Also known as the “Decision and Remedy.” What did the Court decide? Who won the case? Did the Court hold for the Plaintiff or Defendant? What was the court’s order? Did the Court order a new trial? Affirm the court below...
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...CONTRACT UNDER SOME MISUNDERSTANDING OR MISTAKEN ASSUMPTION, IN WHAT CIRCUMSTANCES WILL THE COURT INTERVENE TO HOLD THE CONTRACT VOID AND UNENFORCEABLE ON THE GROUNDS OF MISTAKE? In contract law, a mistake is an erroneous belief made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but exception to this places great emphasis on operative mistake which includes common mistake, mutual mistake and unilateral mistake. Mistakes or misunderstanding may render a contract void when the following are presents; * Mistake of the law; When a party enters into a contract, without the Knowledge of the law in the country, the contract is affected by a mistake making it unenforceable on the grounds of ignorance. Note also that the ignorance of the law is not an excuse. CASE Lydia a foreigner entered into contract with Amina in Ghana with the view that, Amina should supply heroine on a contract basis for a token of GHC 5,637,600 for every supply made. Unknowingly to Lydia that it is illegal to trade heroine in Ghana. Hence the contract is void and loses its enforceability at the law court. * Mistake of Fact; This happens where both parties enter into an agreement under a mistake as to a matter of fact essential to the agreement, the contract is declared void. For instance, ‘A’ agrees to buy a certain horse from ‘B’. It turns out that the horse was dead at the time of bargin though neither...
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...contemplate such. The Law of Contract has existed from the beginning, even Adam had a verbal contract with God, 'watch over the Garden of Eden'. The Law of Contract has existed since the beginning of organized society, and forms one of the oldest branches of law relating to transactions of all kinds. Just as the safety of persons and property depends upon Rules of civil and criminal law, security and stability of the business world depends upon the Law of Contracts. With a philosophy of personal liberty in the United States, the Law of Contract becomes one of the main supports of the structure of the private enterprise system. The right to secure, acquire, and dispose of property is protected by the Law of Contract. The Law of Contract in modern terms could be defined as 'an agreement containing a promise enforceable in law'. The four component parts of a contract are: 1) Agreement, offer and acceptance, 2) Mutuality and consideration, 3) Competent parties, and; 4) A legal objective. In a contract, if no time is specified for the performance of an act, a reasonable time is allowed. The reasonable time may be longer than one of the parties contemplate, but under the conditions which do not specify time, it is still a viable contract. If time to perform is really not a factor, one could include in the contract language the following. ('Time is of the essence') There is a difference between 'fact' and 'law'. 'Fact' is sometimes used in opposition to 'Law'. We believe the following...
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...effectiveness Objective 5: Apply legal concepts in the business environment to managerial decision-making and implementation Competencies: Critical Thinking, Information Literacy/Research Skills, Communication Skills Assignment: Research the McDonald's and Pearson cases, and in 10-12 double-spaced pages compare and contrast the facts, law, and merits of the two lawsuits by answering the following questions. Include an introduction and conclusion in your paper. |Criteria |Exceeds Expectations |Meets Expectations |Below Expectations | |Assignment Questions | | | | |1. What are the facts? |Clearly identifies and explains a majority of|Generally correct in identification of |Does not correctly identify the relevant Facts. | | |the relevant Facts in each case. |the relevant Facts, but includes some |Important facts are missing and/or there are an | | | |inaccuracy and/or does not explain |unacceptable number of inaccuracies. | | | |adequately. | ...
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