...How to write a case review assignment 1. TITLE 2. INTRODUCTION: * Which court decision has been discussed here? * What is the case about? * What are you going to discuss in each chapter/section 3. THEORY and/or CONCEPTUAL FRAMEWORK * Explain the theory or concepts, or define the legal terms that are important for understanding the case and they are usually provided in the book. For example: * What does the concept ‘negotiations’ mean? * Explain the link between these concepts 4. THE PROBLEM [that the Court has to deal with] * What is the problem that the Court has to deal with/solve? * For example: the application of Art. 74 CISG regarding the delay in delivery or defect of goods * Why is this case important? 5. FACTS of the case (What has happened?) * Who are the parties involved: who is a plaintiff – defendant; applicant – respondent * What has happened (the sequence of, for the case, important events)? 6. APPLICABLE LAW: * Which law has to be applied on this case * Explain the relevant rules (Articles) * What does this article regulates/The purpose of this article 7. POSITION AND ARGUMENTS OF THE PARTIES * Explain the main arguments and reasoning of the parties in this Court Case: * What is a point of view of each party? Explain! * What kind of reasoning each party follows? * Make link with the theory...
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...Course Title: Insert Instructor’s Name: Date: ABSTRACT Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments. Judicial review has been made part of Australia’s legal process although there are no clear provisions in the constitution. According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.) Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relations in Australia, Canada, and the United States. Baton Rouge: Louisiana...
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...course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student Guide. Oct, 14 - Oct, 20 Objectives/Competencies 1.1 Differentiate among the legal forms of business. 1.2 Differentiate...
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...LL.M INTERNATIONAL BUSINESS TRANSACTIONS LAW 5901 Kazakhstan Institute of Management, Economics, and Strategic Research School of Law REQUIRED TEXT: International Business and Trade [4th ed.] Ricky W. Griffen, Michael W. Pustay COURSE MATERIALS: http://www.eilfe.com/online-courses/kimep.html International Business Transactions REQUIRED TEXT: International Business and Trade [4th ed.] Ricky W. Griffen, Michael W. Pustay COURSE MATERIALS: http://www.eilfe.com/online-courses/kimep.html International Business Transactions KIMEP SUMMER I 2010 COURSE NUMBER: LAW5901 COURSE NAME: INTERNATIONAL BUSINESS TRANSACTIONS CLASS TIME: MTWTHF 20:15 – 21:45, HALL, NEW BUILDING FINAL EXAM: WEEK SIX; Time and date TBA KIMEP SUMMER I 2010 COURSE NUMBER: LAW5901 COURSE NAME: INTERNATIONAL BUSINESS TRANSACTIONS CLASS TIME: MTWTHF 20:15 – 21:45, HALL, NEW BUILDING FINAL EXAM: WEEK SIX; Time and date TBA Instructor: Prof. Dr. John JA Burke BA, JD, Ph.D. E-Mail: jburke@kimep.kz Office: 119, New Building Hours: Appointment Only Instructor: Prof. Dr. John JA Burke BA, JD, Ph.D. E-Mail: jburke@kimep.kz Office: 119, New Building Hours: Appointment Only INTRODUCTION AND OVERVIEW Joseph E. Stiglizt, the winner of the 2001 Nobel Prize in Economics, states, “We have a process of “globalisation” analogous to the earlier processes in which national...
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...ANSWERING A LEGAL PROBLEM: THE ‘FIVE STEP’ PLAN WHAT YOU NEED: • KEY FACTS • RELEVANT ISSUES • KEY LEGAL PRINCIPLES • APPLICATION OF THE LAW TO THE FACTS • TENTATIVE CONCLUSION WHAT TO DO: 1) Identify KEY FACTS of the problem Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts. 2) Identify RELEVANT ISSUE of the problem From the key facts, you should then be able to identify the relevant issues in the problem you are considering. 3) Identify KEY LEGAL PRINCIPLES Once you have worked out the issues, ask: (a) does a statutory provision apply to this situation and, if so, does it provide a specific answer to the problem? AND (b) are there any cases which have dealt with a similar fact situation/legal issue to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer. Note similarities to (follow) or differences from (distinguish) prior cases When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts/legal issues were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case. Think about whether any factual differences matter. Whether or not any differences matter will depend...
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...1. Is the Bruin Diversity Plan constitutional according to the Equal Protection Clause, strict scrutiny, and the Grutter v. Bollinger and Gratz v. Bollinger cases? Your response should include a summary of the basic facts and holding of the Grutter and Gratz cases and clearly apply the legal test of strict scrutiny to the Bruin Diversity Plan. The “Bruin Diversity” plan is a proposed admission policy that’s goal is to promote greater student body diversity. The “Bruin Diversity” plan has four stated goals. Goals that aim to reduce historic deficit of ethnic minority groups, to remedy the effects of societal discrimination of ethnic minority groups, to increase the number of professionals who will practice in underserved communities, and to obtain an ethnically diverse student body. The “Bruin Diversity” admission process will utilize a “Selection Index” (point system). The ethnic minority applicants will also receive an extra 20 points and be evaluated by a special committee. Approximately 33% of all admission slots will be given to ethnic minority groups, thanks to...
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...of single instances, most cases turning ultimately on fine and often unique points of statutory interpretation or factual analysis.” McMillan – ‘The Role of Judicial Review in Australian Administrative Law’ AIAL Forum No.30, 47. The above quote suggests that judicial review in Australia is not based on any general principles which are capable of guiding judicial decision making or of being used to impose a coherent vision of the role of judicial review on the cases. Do you agree? Analyse the law relating to standing and access to the courts plus one of the following areas of law in order to demonstrate the extent to which the above quote...
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...but be sure to use legal terms na definitions in your responses to support your broader statements. Law will take a bit of time to get used to reading, but stick with it. Law is like long division show every step of your work. There is more to the case and analysis then you have provided. Please do a more indepth analysis of the topic using specifics, legal terms and definitions. You provided a good review of the case, but what were some of the specific points the court used in its analysis? Be sure to sue specific statements to support your generalizations. Be sure to use specifics to support your broader statements and define the terms you use - such as Sherman Act. How does that fit into the fact pattern? Be sure to do a legal analysis of the case. Why wa the ruling justified? WHat specifics made it so. Use legal terms and opinions. Good linear progression and analysis of the case. Please use paragraphs to transition ideas. Especially when answering each question. You provided some good information, but be sure to discuss the legal analysis the court used and be specific. I am not sure where your analysis begins and the cut article ends. Please update. Good start but be sure to use legal definitions and terms to support your broader statements. Your response is more of a recitation of the facts., Please review the questions asked and address the analysis and law. Thanks You used many broad statements but be sure to use legal terms and specifics...
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...Quarter | Winter 2010 | Meeting Days/Time | Online course | Instructor | Dr. C. Phil Campos, MBA, JD | Instructor Phone | 214-202-8044 | Instructor E-mail | canuto.campos@strayer.edu | Instructor Office Hours/Location | 6pm – 7pm EST | Academic Office Phone NumberStrayer Online Technical SupportEcollege HelpDesk | 1-877-540-1733“As a student, you should choose 1 then 3 for academic issues from the automated menu.”1-877-642-2999“Used for problems entering the class”1-866-448-6703 or 1-303-873-0005“Used for problems once in the class” | INSTRUCTIONAL MATERIAL | Kubasek, N. K., Brennan, B. A., & Browne, N. (2009). The legal environment of business: A critical thinking approach (5th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall.Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2010). Business ethics: Ethical decision making and cases (7th ed.). Boston: Houghton Mifflin Company/South-Western/Cengage Learning.PLEASE READ SYLLABUS PART II in the Course Home tab, it contains important University policies.GETTING TECHNICAL HELPTechnical questions regarding eCollege or classroom issues should be referred to helpdesk@strayeronline.net. Or you may phone the helpdesk at 1(866)448-6703.If the question regards a Strayer system, technical support can be reached at 1(877) 642-2999. Any technical inquiries sent to the instructor will, as a matter of course, be forwarded to the Helpdesk. The eCollege helpdesk is available 24 hours a day, seven days a week, and 365 days a year...
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...Running Head: Malpractice Legal and Regulatory Issues Malpractice Legal and Regulatory Issues Malpractice Legal and Regulatory Issues Malpractice Legal and Regulatory Issues Malpractice is an issue that is always can affect a healthcare office. Malpractice is when the improper or negligent treatment of a patient, as by a physician, resulting in injury, damage, or loss of life. Physicians have insurance for this in case an incident occurs. Physicians follow a code that states do no harm but sometimes harm occurs due to their negligence to underlined issues. If underlined issues dealing with your diagnosis is not checked out then it can lead to further injuries and even death. Medical malpractice can cost a facility or hospital millions even billions of dollars each year. Medical malpractice not only will cost money but it can also hurt a hospital or facility reputation for treatment for patients. Medical malpractice cases require stringent and comprehensive clinical review, and hospitals always employ medical experts to review their cases. The clinical issues are always analyzed, but often overlooked is the evaluation of the corporate responsibilities of the hospital involved in the matter. It is becoming increasingly likely that the hospital will be included in the claim as plaintiff attorneys are very aware that courts are finding corporate negligence as a factor in many claims, and more and more states are recognizing corporate negligence as a contributing...
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...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related notice...
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...How the Effective Application of Technology Can Save Money and Help Win Cases Prepared and Presented by: Michael J. Glick, Esq. Encore Legal Solutions Paralegal│Resource How The Effective Application of Technology Can Save Money and Help Win Cases People say that we live in a litigious society. There is some truth to that. Litigation often comes unexpectedly, is costly, messy and the outcome isn’t always predictable. But as business concerns, we strive to understand our costs and factor them into comprehensive models to assure profits. The role of in-house counsel has grown in recent years in an effort to become more proactive in limiting exposure and controlling the costs which can threaten profits. Much of this effort is focused on managing outside counsel to improve adherence to case budgets. However, there has been a reluctance to provide the tools to the outside counsel that can truly enhance efficiency, particularly within the area of discovery. This article will provide an understanding of how new tools and procedures can help to make the litigation process more efficient. Perhaps even more importantly, we show how these tools will provide a better understanding of potential liability earlier on to enable better decision making, more predictability and even help promote economies of scale in the ongoing battle to contain legal costs. One of the areas of largest expense is discovery: the identification, acquisition, management and analysis of evidence. Today...
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...societies as a solitary and direct source. By far, the law has been compounded, overruled, refined and developed over past centuries under the influences of historical, economical and social events. As such, the sources of law in a developed nation of UK today would involve common law and statutes as the leading sources, supplemented by delegated legislation, academic doctrines, customs, constitution, transnational and European Law. The Ius Commune In 1066, William the conqueror emerged victorious in the Battle of Hastings and became King of England. He unified counties with disparate customary practices into a national legal system, giving birth to common law. The word “common” was used to distinguish it from prior customary local laws. The nation consisted of 8 nonpartisan large kingdoms governed under a feudal rule. King William I fashioned the national legal system such that it would bring huge monetary benefit to the monarchy. This was in contrary to Aristotle’s philosophy on distributive justice by which the law ensured equal distribution of wealth and...
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...INTRODUCTION Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution)[1] as it was seen in the recent case of Nigel Kalonde Mutuna and Charles Kajimanga, where the two High Court Judges applied for leave for Judicial Review in respect of the decision of the President of Zambia to appoint a Tribunal to investigate the Applicants and to suspend the applicants. An Ex-part order was granted by Hon. Mrs Justice F. Chisanga to the applicants for leave to apply for judicial review. The leave granted to the applicants operated as a stay of the decision of the President. Therefore judicial review is a High Court procedure for challenging administrative actions. Delegated legislation may also be challenged. It allows individuals, businesses or groups to challenge in court the lawfulness of decisions taken by Ministers, Government Departments and other public bodies. These bodies include local authorities, the immigration authorities, and regulatory bodies and some tribunals. In the case of R v HM the QUEEN in Council, ex parte Vijayatunga[2], Mr Justice Simon Brown ( now Lord Brown of Eaton Under Heywood) observed that “judicial review is the exercise of the court’s inherent power at common law to determine whether action...
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...For your Review Mr, Evans, Per your request, I have conducted an initial review of the pending litigation against this organization brought by Mr. Robert Simmons, a former employee in the production department. Mr. Simmons is alleging that the recent policy change requiring production staff to work alternating 4 days on/4 days off shift work is a case of constructive discharge causing him to leave this organization’s employ. As a matter of context, I will briefly review the standards by which constructive discharge, as a legal concept, is relevant to this case. According to Turner v. Anheuser-Busch, Inc, the State of California considers constructive discharge to be a case where “the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign." Other jurisdictions define constructive discharge similarly and this is commonly referred to as the reasonable person test. Some courts have also adjudged that in order to determine actual constructive discharge, a second test, as in Muller v. United States Steel Corporation, requires that the plaintiff demonstrate that the “the employer created those conditions with the specific intent to cause the employee to resign.” The suit brought by Mr. Simmons contends that constructive discharge applies in that...
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