...Legal Studies Term Papers The following article provides a brief synopsis on one of the domains of the legal studies, known as the critical legal studies. By the term “legal”, it is evident that the concerned domain is related to a theory or a movement, which is established upon law, official or accepted rules and regulations. The discipline of legal studies comprises of the decrees, which are formulated in order to maintain the regime in the country and eliminate the traces of injustice. However, the politicians to sustain their chain of command may also use them. The nitty-gritty of the Critical Legal Studies (CLS) movement was brought into being in the year 1960 on the occasion of the participation of individuals in the social policy that was meant to achieve goals through direct or militant action during the Vietnamese War. The erudite scholars of the following era had begun employing diversified theories to the field of law and made enormous contribution in reshaping the discipline of legal studies. However, the legitimate appearance of the legal studies movement was observed in the year 1977 at a conference being held at the University of Wisconsin-Madison. The CLS movements were on an increase during 1980s in the United States. However, the British or the European CLS did not succeed in gaining its aimed targets except for the Finnish international lawyer Martti Koskenniemi, who had played a significant role in the Critical Legal Studies campaigns. Some of the...
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...Critical Thinking –Chapter #19 Assignment #2 7/25/2010 1. Describe a crime. Who are the parties to a criminal action? A crime is any act done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime. 3. Describe the difference between the following classifications of crimes: felonies, misdemeanors and violations. Felonies are the most serious of crimes, usually punishable by imprisonment, whereas misdemeanors are less serious crimes that are punishable by fines or less than 1 year in prison. Violations are not felonies or misdemeanors and the penalty is usually a fine. 4. Define Actus Reus? Define Mens Rea. What is a non-intent crime? Give an example. Actus Reus- guilty act Mens Rea- state of mind, evil intent A non-intent crime is a crime that imposes criminal liability without finding intent or mens rea. A death of a pedestrian due to a person’s reckless driving would be considered a non-intent crime. They could be found guilty of involuntary manslaughter and sentenced to prison. 5. What is the difference between criminal and civil law? What is the jury vote required for each? What is the standard of proof for each? Civil Law- Action is brought by a Plaintiff, trial by jury, except in actions...
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...Chapter 4 LEGAL RESPONSIBILITIES OF THE INDEPENDENT AUDITOR Statutory Law A. Securities Act of 1933 B. Securities Exchange Act of 1934 C. RICO Act D. Private Securities Reform Act of 1995 I. Common Law A. Clients B. Third Parties C. Burden of Proof D. 1136 Tenants Case II. Terms A. Ordinary Negligence B. Gross Negligence C. Fraud D. Joint and Several Liability E. Proportionate Liability III. Limited Liability Partnerships vs. Limited Liability Corporations 4-1 Legal Responsibilities of the Independent Auditor I. Statutory Laws - Potential legal liability as defined by the Securities Act of 1933, the Securities Exchange Act of 1934, the Rico Act of 1970, and the Private Securities Litigation Reform Act of 1995. Questions concerning the Securities Acts of 1933 and 1934. 1. Describe the general purpose of each Act. 2. How does the auditor become subjected or exposed to each Act? 3. What are the specific provisions of each Act? Include in your discussion: -Who is the plaintiff? -Who has the burden of proof? -What civil or criminal penalties are provided by the Acts? A. Securities Act of 1933 1. Regulates the initial sale of securities in interstate commerce. 2. Auditor becomes subjected...
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...McCullagh, D., & Tam, D. (2012). Instagram Apologizes to Users: We Won't Sell Your Photos. Retrieved from http://news.cnet.com/8301-1023_3-57559890-93/instagram-apologizes- to-users-we-wont-sell-your-photos/ This article focused on the issue that Instagram faced when the company decided to change some terms and conditions. The authors started with explaining the essential problem which was the language from its legal terms that would let users’ photos to be used or sold for other companies (McCullagh & Tam, 2012). Furthermore, the article stated and analyzed the company’s CE respond along with the user’s disagreements to the new terms. The authors explained the language Instagram wanted to use, and compared these terms of using personal pictures with Google+ and Yahoo. Also, the way the new terms policy would be viewed has been mentioned which was about using public pictures on ads if users decided to delete their accounts. This article has many interesting points that related to the language of terms and conditions. What if users did not complain about a specific language and make this condition vague? As long as developers write a lot of terms and conditions’ pages, they should explain more rather than make some points vague. Users should be aware of using their own personal pictures especially with Instagram since this application is blowing up these days. Not only this application, but with any other application or website that deals with sharing and dealing with personal...
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...of absence which was denied by her employer. She attempted to return to work but the hotel’s cashier told her that she should not report to work and instead continue with her unofficial leave of absence. Three days after her attempt to return to work, she filed a complaint against the management for illegal dismissal before the Arbitration Branch of the NLRC in Baguio City. In addition to that, she alleged underpayment of wages, non-payment of holiday pay, service incentive leave pay, 13th month pay, night differential and other benefits. Peter Ng, in their Answer, argued that her unauthorized leave of absence from work is the ground for her dismissal. He even maintained that her alleged of underpayment and non-payment of benefits had no legal basis. He raises a new ground of loss of confidence, which was supported by his filing of criminal case for the alleged qualified theft of the petitioner. The Labor Arbiter ruled in favor of the hotel management on the ground of loss of confidence. She appealed to the NLRC which affirmed the...
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...Good Samaritan Act Colorado/Louisiana LaNita D. Scott Afternoon Class February 28, 2013 Good Samaritan Act Colorado/Louisiana The Good Samaritan Act is legal terms in which refers to individuals who in good faith, volunteer to help other individuals in need of medical attention. In return the person giving the help must be responsibly with the injured person life. Each state offer good Samaritans immunity for assisting. For those good Samaritans who negligent cause the injured person more injures they could be held liable for any civil damages. There are individuals in this world that try and help others every day. Then there are others who will not help due to the fact that they are afraid to get into trouble because of these laws. There are several states that have adopted the Good Samaritan Act. Colorado and Louisiana are two that have established these laws within their state. In Louisiana, if an emergency medical technician give their service to help another individual out during an emergency situation and do not arrange for further medical treatment will be liable for any civil damage. Colorado also states, that if a licensed physician and surgeon renders help and it leads up to negligent on the patient, that individual rending the services will be held liable only if that patient is not obligated to be covered by him or her. Louisiana holds everyone liable for their actions no matter what. Whereas, Colorado only hold the individual who is the Good Samaritan liable...
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...SPECIAL POWER OF ATTORNEY Know all men by these presents: That I/We, _______________________________________, Filipino, married/single, of legal age/s, with residence and postal address at ____________________________________ do hereby NAME, CONSTITUTE, and APPIONT ________________________________ to be my/our true and lawful ATTORNEY-IN-FACT for me/us , in my/our name, place and stead, to do and perform the following special powers, to wit: 1. To transact with the 8990 HOUSING DEVELOPMENT CORP/HOME DEVELOPMENT MUTUAL FUND(HDMF), regarding the acquisition of a residential lot with the house therein, in whatever manner most convenient to me/us; 2. To execute and sign any other documents/instruments in my/our behalf including the submission of all necessary papers and documents relevant to the said transaction 3. To sign any and all documents necessary to transact with public utility companies for power, water, telephone and cable facilities. 4. To alienate, lease, mortgage, hypothecate, encumber, and/or transfer by any means under such terms and conditions as my/our sad ATTORNEY-IN-FACT shall deem necessary or beneficial for me/us. HEREBY GIVING AND GRANTING UNTO my/our said ATTORNEY-IN-FACT full power and authority as full to all intents and purposes as I/We might could lawfully do if personally present and acting in person and hereby ratifying and confirming all that my/our said ATTORNEY-IN-FACT or his/her substitute shall lawfully do or cause to...
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...compensation. Strategies to Manage Legal Risk There are four strategies that can be used to avoid legal risk. They include avoiding the risk, reducing the risk, transferring the risk, and absorbing the risk. In events such as this explosion, it is important for companies, such as CCRL, to have plans in place to manage legal risks. As CCRL is operating in a high-risk industry, there are many ways they can potentially minimize these risks. They can avoid the risk by not allowing other companies to enter their premise. This would prevent other companies from being harmed on their site. They could reduce the risk by having better safety procedures in place. By ensuring all of their equipment, pipes and machinery are operating properly; they can identify potential issues before they happen. CCRL could transfer the risk through third party insurance companies. Another example of transferring the risk could be done by adding explicit terms to the contract that ensure CCRL is not responsible for various events. They could also include a clause stating there are no implied terms in any contracts they create. This ensures neither party can imply terms upon the other. In order to absorb the risk, CCRL could forecast the costs of potential lawsuits or legal issues that would cost the company. This would be considered a self-insuring process, as they ensure funds are available if ever needed. If an employer considers the strategies of how to manage legal risk, they will be able to successfully...
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...that is discussed in chapter 9. It brought up some very interesting information on who is, or will be held liable if any damages, loss, and delay happens to the freight. So when it’s an act of the shipper the carrier will not be held liable. I will give you examples and also discuss when the act of a shipper reduces a carrier liability. Before I get into the exceptions I first must give you the general rule so that you can better understand what the exceptions are for act of the shipper. If there were any damage, delay, or loss because of the negligence or oversight of the shipper, consignee or any other party with a legal right to exercise authority over the freight, the carrier cannot be found liable. The shipper in this instance is the carrier. That is the company that gets goods from point A to point B. It can be a car, bus, van, train, or plane. In legal terms the meaning of shipper says that the carrier is not liable for any losses, damages, or delays as a result of acts or omissions by a person, consignor, consignee and whomever else physically handles the goods in that capacity. When this exception is used most often is when there have been some alleged deficiencies in either the loading by the consignor or the rare situation of unloading by the consignee. Another example of when this exception could be used is when the freight is packaged or other preparation of the goods. Over time the rule has been that if the shipper packs the items for shipment and in the process...
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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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...a transaction in which an owner transfers his or her personal property (in this case his car) to another to be held, stored, delivered, or for some other purpose. Title to the property does not transfer. (Cheeseman, 2010) The plaintiff gave his keys to the defendant’s employee expecting the defendant’s company to park and store the car until the plaintiff returned for it, at which time the plaintiff would pay for the services obtained. This is considered a mutual benefit bailment. A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties. A bailment for the repair of an item is a bailment for mutual benefit when the bailee receives a fee in exchange for his or her work. (legal-dictionary.com, 2013) Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property. Bailment duties generally include the duty of reasonable care and the duty to return the property. A bailee who fails to do so may be held liable for any damages incurred from his or her Negligence....
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...Mrs. Mitchell applied for unemployment benefits shortly after on June 12, 1974. Mrs. Mitchell was denied unemployment benefits since she was terminated due to her misconduct. Mrs. Mitchell was not happy with this answer and filed an appeal, which she was able to reinstate her unemployment benefits starting August 28, 1974. Her Employer, Lovington Good Samaritan Center submitted another appeal which once again, disqualified Mrs. Mitchell from receiving unemployment benefits. Unwilling to settle, Mrs. Mitchell applied for certiorari, and her benefits were reinstated by the District court on January 16, 1976. Issue(s): Did Mrs. Mitchell’s actions in fact constitute misconduct according to 59-9-5(b), N.M.S.A. 1953 Rule(s) of Law: “The term ‘Misconduct’ is not defined in the Unemployment Compensation Law.” (Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc, 1976) Due to this, the court reviewed the case of Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941) and used their findings to formulate their own definition of Misconduct which is as follows: “‘misconduct’ . . . is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and...
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...respondent Corporation, through its officers then, private respondent Adalia F. Robes and one Carlos F. Robes. In other words, instead of giving the legal tender totaling to the full amount of the loan, which is P120,000.00, petitioner lent such amount partially in the form of money and partially in the form of stock certificates numbered 3204 and 3205, each for 400 shares with a par value of P10.00 per share, or for P4,000.00 each, for a total of P8,000.00. Said stock certificates were in the name of private respondent Adalia F. Robes and Carlos F. Robes, who subsequently, however, endorsed his shares in favor of Adalia F. Robes. Said certificates of stock bear the following terms and conditions: "The Preferred Stock shall have the following rights, preferences, qualifications and limitations, to wit: 1. Of the right to receive a quarterly dividend of One Per Centum (1%), cumulative and participating. xxx 2. That such preferred shares may be redeemed, by the system of drawing lots, at any time after two (2) years from the date of issue at the option of the Corporation. x x x." On January 31, 1979, private respondents proceeded against petitioner and filed a Complaint anchored on private respondents' alleged rights to collect dividends under the preferred shares in question and to have petitioner redeem the same under the terms and conditions of the stock certificates. Private respondents...
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...any demand guarantee and amendment thereto which a Guarantor (as hereinafter described) has been instructed to issue and which states that it is subject to the Uniform Rules for Demand Guarantees of the International Chamber of Commerce (Publication N°458) and are binding on all parties thereto except as otherwise expressly stated in the Guarantee or any amendment thereto. Article 2 a) For the purpose of these Rules, a demand guarantee (hereinafter referred to as "Guarantee") means any guarantee, bond or other payment undertaking, however named or described, by a bank, insurance company or other body or person (hereinafter called "the Guarantor") given in writing for the payment of money on presentation in conformity with the terms of the undertaking of a written demand for payment and such other document(s) (for example, a certificate by an architect or engineer, a judgment or an arbitral award) as may be specified in the Guarantee, such undertaking being give i) at the request or on the instructions and under the liability of a party (hereinafter called "the Principal"); or ii) at the request or on the instructions and under the liability of a bank, insurance company or any other body or person (hereinafter "the instructing Party") acting on the instructions of a Principal b) Guarantees by their nature are separate transactions from the contract(s) or tender conditions on which they may be based, and Guarantors are in no way concerned with or bound by such...
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...Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 126749 August 21, 1997 ERIBERTO M. SUSON, petitioner, vs. HON. COURT OF APPEALS and DAVID S. ODILAO, JR., respondents. PADILLA, J.: The issue in this case is whether or not a party litigant, whose complaint has been dismissed by a Regional Trial Court due to improper venue, can seek an authorization from the Supreme Court thru the Deputy Court Administrator to re-file his complaint in the court of proper venue without payment of the prescribed docket fee. This is a petition for review on certiorari under Rule 45 of the Rules of Court to review the decision 1 of the Court of Appeals in CA-G.R. SP No. 37311 which dismissed petitioner's petition for certiorari assailing the order of the Regional Trial Court (Branch 6) Cebu City which denied his motion to dismiss for lack of merit. The facts are not in dispute. On 15 November 1993, private respondent Odilao filed a P5.15 million civil suit for damages against petitioner Suson before the Regional Trial Court of San Juan (Branch 26), Southern Leyte. Private respondent claimed that petitioner made false and groundless accusations of graft and corruption against him before the Office of the Ombudsman, and thereafter caused their publication in a Cebu-based local daily under the headline "ODILAO SUED FOR GRAFT." According to private respondent, Suson's machinations had cast dishonor, discredit and contempt upon his person which besmirched his reputation...
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