... Interest accrues on your balance at ________ percent per month and late fees of $ ________ per month are charged. You are also liable for attorney fees incurred by the association in pursuing this matter under the provisions of the declaration. Should you fail to dispute this debt or any portion of it, within thirty (30) days of receipt of this letter, we will assumed the debt is correct. You may also request in writing, within thirty (30) days of receipt of this letter, verification of this debt. However, the fact that you may dispute this debt or request verification of it will not delay filing a lawsuit as stated above. If you advise us in writing to cease contacting you by telephone at your place of employment, we will make no further contacts. If you refuse to pay the debt or you wish us to cease further communication and you so advise us in...
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...1. Advise Shania on which of the business forms under consideration best accomplishes her business goals. Thoroughly explain the reasons for your recommendation. Mrs. Shania Jackson is a mature Christian thinking of opening a Christian coffeehouse near Denver, Colorado. Her husband, Marvin, is open to making a contribution of capital to the business, but has no interest in participating in its operation or management. Therefore, I believe a limited partnership would best accomplish Mrs. Jackson’s business goals. A limited partnership is a hybrid of a general partnership and a company. It is a separate legal personality and those who participate as limited partners have limited liability (Hay, 2008, p.1). Anyone can be a partner in a limited partnership (Hay, 2008, p.1). A limited partnership must have at least one general partner and one limited partner (Hay, 2008, p.1). General partners are the partners who are responsible for the management of the partnership (Hay, 2008, p.1). Limited partners are usually investors and are prohibited from taking part in the management of the partnership (Hay, 2008, p.1). Both general partners and limited partners may have a capital interest in the partnership (Hay, 2008, p.1). Since Mrs. Jackson’s husband is only open to making a contribution of capital to the business, and Kelsey and Carlos are just looking to work there, this type of business form would be perfect for Mrs. Jackson to accomplish her business goals. 2. Advise Shania...
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...Liability for Alice's Death I am asked to advise in relation to the death of Alice, as it appears that Noah may have contributed significantly to this death. According to the facts, the death of Alice appears to have been caused by the events preceding Noah leaving the vessel in the life raft. The question is whether this act would amount to involuntary manslaughter, given that there would be insufficient grounds for a charge for murder given the lack of intent. The modern test for involuntary manslaughter is requires the proving of four key substantive elements, which can be described as follows: • Whether Noah owed a duty of care to Alice in these circumstances; • Whether Noah breached that duty of care; • Whether that breach caused Alice's death; and • Whether the breach was sufficiently serious to constitute gross negligence. Given the fact that Noah was the pilot of the vessel at the time of the incident, and Alice was a retail assistant, there is some doubt over whether Noah in fact owed Alice a duty of care at the time. However, applying the reasonable man test that is prevalent in a tort of negligence, one could argue that a reasonable person would have owed Alice a duty of care in ensuring that she was able to board the life raft safely. Additionally, as captain of the vessel, one would argue that Noah was responsible for ensuring that all persons were able to board life rafts. Therefore, it would be reasonable to conclude that Noah owed...
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...The original case of George Spinner (represented by Housing and Urban Development (HUD)) vs. Reno Housing Authority centered on Mr. Spinner alleging that the Reno Housing Authority had not properly accommodated his handicap and had disallowed a deduction from his expected rent contribution. This specific deduction was a “medical” allowance that allowed Mr. Spinner to eat at a local restaurant for one of his meals per day. Mr. Spinner has a severe case of Tourette’s syndrome, and also has a patch over one eye. Medical professionals have stated that Mr. Spinner cannot safely prepare food over an open flame at home, and clearly an electric stovetop would also be dangerous to Mr. Spinner. It is also impossible for Mr. Spinner to keep his apartment clean and organized, so a cleaning crew cleans his apartment once a day. The key issue was that Mr. Spinner wanted to continue getting an allowance to keep eating at a restaurant one per day in the evening, so he could eat hot meals at night. This had been the arrangement when he lived in Tucson. Mr. Spinner had asked for a review of his expected rent contribution. He believed he was having trouble making ends meet, and he wanted more discretionary funds so he could eat at a restaurant in the evenings. Reno Housing Authority responded by increasing his expected contribution to rent (hence reducing his disposable income), but they offered to have a live-in assistant cook hot meals for him instead. Mr. Spinner didn’t want someone living...
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...PM Day Hall, NCDH, Room 312, 3644 rue Peel Montreal H3A 1W9 Quebec Canada Are you interested in finding out more about studying law at McGill? Are you considering applying for admission to the undergraduate BCL/LLB program? Law Admission representatives and current Law students will be on hand to answer your questions. Deadline for University and Mature candidates: November 30, 2011. General Information - Email I encourage you to visit our website for further information: http://www.mcgill.ca/law-admissions/. I am also providing some information below: We offer an undergraduate B.C.L. / LL.B. combined program. The structure of McGill's undergraduate law program develops jurists who are well grounded in the fundamental legal concepts of the two major legal traditions of the western world, the civil law and the common law. Students who successfully complete the undergraduate program obtain a double degree of civil law (B.C.L.) and common law (LL.B.). The 105-credit B.C.L./LL.B. program is an opportunity to learn the Civil Law and Common Law traditions within a single, integrated course of studies. Its duration is flexible: at a normal pace of 15 credits per term, the program can be completed in 7 terms or three and a half...
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...UCP 600 UCP 600 are the latest revision of the Uniform Customs and Practice that govern the operation of letters of credit. UCP 600 comes into effect on 01 July 2007 The 39 articles of UCP 600 are a comprehensive and practical working aid to bankers, lawyers, importers, and exporters, transport executives, educators, and everyone involved in letter of credit transactions worldwide. ICC Uniform Customs and Practice for Documentary Credits (UCP 600) Foreword This revision of the Uniform Customs and Practice for Documentary Credits (commonly called “UCP”) is the sixth revision of the rules since they were first promulgated in 1933. It is the fruit of more than three years of work by the International Chamber of Commerce’s (ICC) Commission on Banking Technique and Practice. ICC, which was established in 1919, had as its primary objective facilitating the flow of international trade at a time when nationalism and protectionism posed serious threats to the world trading system. It was in that spirit that the UCP were first introduced – to alleviate the confusion caused by individual countries’ promoting their own national rules on letter of credit practice. The objective, since attained, was to create a set of contractual rules that would establish uniformity in that practice, so that practitioners would not have to cope with a plethora of often conflicting national regulations. The universal acceptance of the UCP by practitioners in countries with widely divergent economic and judicial...
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...Law firms Project What is the legal aid? Payment from public funds allowed, in cases of need, to help pay for legal advice or proceedings. Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal. Legal aid are limited, which mean that people who earns a certain amount of money, would not be eligible to have a legal aid. Legal has been reduced by 15 pound comparing to the previous hourly pay of 44 pound. The government is cutting off pay rates of 8.75%. Law firm or law centre Law centres defend the legal rights of people who cannot afford a lawyer. They are specialists working in their local communities to uphold justice and advance equality. Procedure within a law company? The procedure are first of all they would speak to you to see if/how they can help. Then they would tell you about the costs. They would also be able to tell you if legal aid is available. Can I get help with my employment tribunal case? Thinking about making a claim to an employment tribunal can be scary. Many people find it helpful to get some advice before they take action. There are lots of organisations that might be able to offer you advice, or help with your case. You can find more information and contact details on this page. You might also want...
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...(2) The amount of any costs and expenses incurred with respect to an investigation taken pursuant to section 8 is a debt due to and recoverable by the Crown in right of Saskatchewan from the persons responsible for the discharge. (3) Subject to subsections (4) and (5), any person, including the Crown in right of Saskatchewan or in right of Canada, has a right to compensation from: (a) the person responsible for a discharge for loss or damage incurred as a result of: (i) the discharge of a substance; (ii) neglect or default in the execution of a duty imposed pursuant to section 4; Under this legislation, s. 15 (2) advises that any person in Saskatchewan has a right to compensation from the person who is responsible for discharge if impacted. However with the plaintiffs’ current claim, it does not provide facts for each component of s. 15(1), and how each subsection relates to their damages. It mentions that the plaintiff is required to clearly plead the facts. This means that Skyway must provide clarification to support the cause of action. The case also outlines CCRL’s argument, which debates the claim is not associated with the environment or human health, a requirement under EMPA, which therefore has no standing with the court. Overall the decision was made that the plaintiff is required to amend their statement of claim to determine if the case is arguable...
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...as a likeable, fairly knowledgeable, technically competent tradesman, with a pro-union stance and enough leadership skills to have been chosen chief steward by his fellow union members 8 years ago. He is viewed by the company as someone to fear because he orchestrated and lead a successful illegal strike four years ago in a dispute over vacation pay. The strike cost the company over a million dollars in lost productivity. Unfortunately Peter doesn’t seem to want to come to work, and when he does he is often late. Over the past four years, Peter has missed over 100 shifts due to absenteeism, and he was late an additional 53 times. The records also show that on at least 25 occasions Peter not only missed his shift but, but he didn’t advise his supervisor that he would be absent. Absenteeism in the plant averages six shifts a year. The company has noticed a significant deterioration in Peter’s performance over the past four years and it is getting progressively worse. There seems to be a pattern of Monday and Friday absences and there are strong and persistent rumours from other employees and supervisors that Peter’s breath smells of alcohol on a regular basis. When Peter is at work, his mood swings are totally unpredictable. Some employees have even gone so far as to complain to management about Peter’s absenteeism, attitude and performance suggesting that his behaviour is disruptive to the entire workforce. The newly appointed Labour Relations Manager is Bob Graham...
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...Exercise 1 1. What is International Law? 2. Explain the sources of International Law. 3. Explain the international person with examples. 4. Explain the functions of treaty, conventions and customs. Mock Test 1 1. Explain with examples, the international persons. (20 marks) 2. Explain the significant of below mentioned cases: a) Bank of England v Vagliano Brothers (1891) (10 marks) b) North and South Wales Bank v Macbeth (1908) (10 marks) c) Re Jones Ltd v Waring & Gillow Ltd (1926) (10 marks) d) Jade International Stahi and Eisen Gmbh (10 marks) 3. Examine the importance of below mentioned cases: a) Hillas & Co Ltd v Arcos Ltd (1932) (10 marks) b) Sudbrook Trading Estate v Eggleton (1983) (10 marks) Exercise 2 1. Lickbarrow v. Mason 2. Thompson v. Dominy 3. Pyrene Co. Ltd. V. Scindia Navigation Co. Ltd. 4. Cowas-Jee v. Thompson 5. Dunlop v. lambert 6. Inglis v. Stock 7. Browne v. Hare 8. Wait v. Baker 9. Arnhold Karberg & Co v. Blythe, Green, Jourdain & Co 10. Empresa Exportadora de Azucar v. Industria Azucarera Nacional S.A. (The Playa Larga and Marble Islands) 11. Gatoil International Inc v. Tradax Petroleum Ltd; Same v. Panatlantic Carriers Corporation (The “Rio Sun”) Mock Test 2 (Transportation) 1. Explain the following INCOTERMS: a) CIF (10 marks) b) FOB (10 marks) 2. Explain the significant of below mentioned cases: a) Pyrene Co Ltd v Scindia Navigation...
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...Business Basics * Basic Business Concepts * The Aim and Objectives of Business * The Location of Business * Types of Business Basic Concepts of Business Transactions – business is based on transactions: example a sale occurs after an agreement on value – it is referred to as a transaction Turnover - Net Profit = revenue – total costs Product or Services – business earns revenue by selling a product or a service Capital: money used by business to pay for plant, machinery, buildings etc enable a business to begin or continue in business What is Business? * Part-time cleaner ,multi-national companies, Nationalised industries * Share common characteristics * Aims and objectives * Use resources * A process for decision making * Accountable * Subjects to external constraints Definitions * Business Organised effort of individuals to produce and sell, for a profit, products and services that satisfy society’s needs * e-Business Organised effort of individuals to produce and sell, for a profit, products and services that satisfy society’s needs via computer networks including the Internet take for granted that business today involves e-Business * e-commerce Stakeholders Any person or party who has an interest in the business, however tenuous that interest might be * Example: The Aim and Objectives of Business Aims - Principles by which an organization is run Aim...
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...Mongolia is a party, differ from those in this law, the former shall prevail. Article 3. Scope of the Law 1. This law shall apply to protect the rights of the child from birth until 18 years of age. 2. This law shall also apply to the children of foreign people and stateless residing within Mongolia. Article 4. Main principles of protecting the rights of the child The following main principles shall be followed in the protection of the rights of the child: 1) Respect and ensure the rights of each child, his/her parents, carer and legal guardians without discrimination on the basis of their race, language, colour, age, sex, social origin, status, place of birth, property, job, position, religion, opinion, education and health condition; 2) The state, individuals, private entities and organisations recognize to ensure the best interest of the child in their all actions; 3) Parents, carer and legal guardians are equally responsible for ensuring physical, mental and moral development and education of the child; 4) Ensuring a child’s right to survival, development protection and participation to social life is a duty of both state and family; 5) A child’s rights to seek and receive...
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...agency) to investigate circumstances that suggest an officer has engaged in unbecoming conduct, and impose disciplinary action when appropriate. II. PROCEDURE This policy applies to all officers of this agency engaged in official duties whether within or outside of the territorial jurisdiction of this agency. Unless otherwise noted this policy also applies to off duty conduct. Conduct not mentioned under a specific rule but that violates a general principle is prohibited. A. PRINCIPLE ONE Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence, except where permitted in the performance of duty under proper authority. c) Peace...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...UNITED CITY MERCHANTS (INVESTMENTS) LTD. and GLASS FIBRES AND EQUIPMENTS LTD. v ROYAL BANK OF CANADA (INCORPORATED IN CANADA) AND VITROREFUERZOS S.A. (FIRST THIRD PARTY) AND BANCO CONTINENTAL S.A. (SECOND THIRD PARTY) [On appeal from UNITED CITY MERCHANTS (INVESTMENTS) LTD. v. ROYAL BANK OF CANADA] HOUSE OF LORDS [1983] AC 168, [1982] 2 All ER 720, [1982] 2 WLR 1039, [1982] 2 Lloyd's Rep 1 20 May 1982 LORD DIPLOCK. My Lords, this appeal, which is the culmination of protracted litigation, raises two distinct questions of law which it is convenient to deal with separately. The first, which I will call the documentary credit point, relates to the mutual rights and obligations of the confirming bank and the beneficiary under a documentary credit. It is of general importance to all those engaged in the conduct and financing of international trade for it challenges the basic principle of documentary credit operations that banks that are parties to them deal in documents only, not in the goods to which those documents purport to relate. The second question, which I will call the Bretton Woods point, is of less general importance. It turns upon the construction of the Bretton Woods Agreements Order in Council 1946 and its application to the particular fact of the instant case. All parties to the transaction of sale of goods and its financing which have given rise to the appeal were represented at the original hearings before Mocatta J. The sellers and their own merchant bankers to whom...
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