...Local Lawsuit (Morris v. Wood Preserving) Summarize the actions that lead to the lawsuit. In Morris v. Osmose Wood Preserving, 340 Md. 519 (1994), a number of homeowners purchased townhomes that had a roofs constructed of Fire Retardant Treated (FRT) plywood manufactured by the defendant Hoover Treated Wood Product, Inc. (Hood Wood). Homeowners claim in their complaint the fire retardant treated plywood, when exposed to high temperatures begin an acidic reaction that was designed to stop the spread of fire. It was also alleged that the reaction can occur at temperatures as low as 130 degrees and roofs can reach 180 degrees without the presence of fire. The homeowners say that the chemical reaction “weakens the wood and destroys the bonding between the plywood laminates, thereby causing the wood, among other things, to bow, darken, spot, warp fracture and otherwise deteriorate and lose strength capacity.” The homeowners claim that this reaction will eventually occur in the plywood installed in their homes, without regard to ventilation or moisture levels I attics. Management also advertised there products falsely after begin notified. The homeowners brought this class action suit to recover cost to replace their roofs that had the alleged defective fire retardant treated plywood. Discuss what management could have done in terms of risk management to have prevented the events that lead to the lawsuit. In retrospect, management could have handled this situation...
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...Local Law Enforcement Intelligence The world of local law enforcement intelligence has changed significantly since September 11, 2001. State, local, and tribal law enforcement agencies have been given a variety of new responsibilities to handle including intelligence as just one. The intelligence discipline has evolved significantly in recent years since 9/11. As these various trends have merged, increasing numbers of American law enforcement agencies have begun to explore, and sometimes embrace, the intelligence function. Law enforcement agencies should consider many new techniques in bettering their intelligence functions. This research paper will discuss law enforcement intelligence history, methods to integrate intelligence into their agency and resources to help with their departments function. To begin this research the first question to be asked should be that of what is law enforcement intelligence? “Law enforcement intelligence is the product of an analytical process that provides an integrated perspective to disparate information about crime, crime trends, crime and security threats and conditions associated with criminality” (Carter). In my opinion the term “law enforcement intelligence” is used and viewed improperly. The majority of people will take this term out of its context and confuse it with national intelligence. Law enforcement intelligence is often viewed as pieces of information about people, places, or events that can be used to provide insight about...
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...Running head: PUERTO RICO local law paper Puerto Rico local law paper Name School Instructor Course number 1) The concept of Mercantile Right in P.R. to tenor with the cases of the Supreme Court of Puerto Rico; Fish market Pink v. Lozada, 116 DPR 474 (1985) and Reece v. Ariela, 122 DPR 270 (1988). CONCEPT OF MERCANTILE RIGHT Mercantile right is the negotiation or traffic that applies to commerce for the purpose of making a profit. This right is protected by laws that give a person or business entity the right to engage in commerce. According to Tulane University Professor Vernon V. Palmer (2001), Puerto Rico's mercantile law stems from various sources (primarily Spanish and US) and has different statutes for different areas that are relative to commercial and industry. In 1995, Puerto Rico adopted Articles 5, 7, 8, and 9 of the United States' Uniform Commercial Code and as such, greatly affected by legal changes and decisions in the US. APPLICATION TO THE CASES FISH MARKET PINK, INC. v. OSVALDO LOZADA CREEK In June 1980, Lozado bought a boat that had been registered as a fishing vessel. In July 1980, Lozada (not a fisherman) sold a boat to Rosas. The sale included a loan amount for repairs necessary. In 1981, Rosas founded the Pink Company/Signature Fishing Market (???) and transferred the debt from a personal one to one of the business. In 1983 Lozada began collection attempts on the loan amount. The loan amount was being disputed by Rosas as not a valid...
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...Comparing National, State and Local Labor Laws Jessica Amos BSM 206 Professor December 29, 2013 Abstract Our employment or labor laws have been developed to process a smooth transition for employers and employees. Employment laws bestow rules and regulations in order to govern in cooperation of places of employment that work together to protect both employer and employee. These labor laws confer the issues that are interrelated between the working conditions, retirement, child labor laws, incentives and benefits, OSHA and others. Both employer and employee need these laws so as to not exploit one another and or to hold company policy and procedures. However, we at this time are developing more and more ways to protect our employees in their workplace that helps in aiding the relationship between the employer and employee. In past years regulations were not as developed as they are today. Protection for employees are becoming vastly integrated and productively reviewed continually. This all in the attempt to make sure the employee has rights and protection under these regulations as well as the employer for the workplace. Although some may be different than others varying from state to state, local and federal, the same remain true; regulations are there in order to protect both the employer and employee, so that employees will have rights and protection in order not to be abused from employers. Employment laws can be vast but the regulatory examinations of these are changing...
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...The Roles of Local Law Enforcement in Homeland Security Ever since the Terrorist attacks on September 11th, 2001in New York City, the role of local law enforcement has drastically changed. On November 25, 2002 the Homeland Security Act (HSA) was signed into law by President George W Bush.” What the Homeland Security Act did was it helped to restructure law enforcement in the United States on the Federal level. Before the Homeland Security Act, the Federal law enforcement fell under the Department of Justice. After HSA was enacted into law it split the Department of Justice into the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Under the Department of Homeland Security umbrella "there are twenty two agencies and about 170,000 employees, all with functions related to homeland security." (Katz) While the development of this new Department of Homeland Security was a great goal, they just didn't have the available manpower to be able to distribute the men and women to protect all the trouble areas. This is one of the reasons why the role of local law enforcement is so vital to homeland security. The Federal agents and the local police departments work hand in hand to help each other cover the blind spots. One way that the Federal and local agencies work together is through the sharing of information. Through investigations and the cyber crimes divisions, any information that is gathered is available to the organizations to help with any...
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...University of Phoenix Material Government Comparisons Matrix Based on the readings from State and Local Government, review and summarize how each issue is managed at the state and local levels. Write 50 to 70 words for each response. |State |Local |Federal |How these entities | | | | |cooperate | |General |When it comes to general |Obviously, the local form|The federal government |These entities cooperate in| |Responsibilities |responsibilities, there |of government has an |has control over both the|that they set plans and | | |is not much difference |utmost responsibility to |state and local |itineraries for how they | | |between these forms of |the citizens. All money |governments when it comes|will attack the general | | |government, except the |that is spent is used for|to general |responsibilities within | | |size of the area that is |the best interest of all |responsibilities. When |each state and in the | | |covered. The state |citizens. Being local, |state or local government|United States as a whole. | | |government is responsible|it is the smallest form |are committing an act |They work...
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...INTRODUCTION TO LOCAL GOVERMENT IN MALAYSIA Local government is the grass-root in the government hierarchy of Malaysia. There are three branches of government in Malaysia, namely Federal, State and Local. The position of local government in Malaysia is stated in Federal Constitution. By virtue of items 4 and 5 of Ninth Schedule of Federal Constitution, local government outside the Federal Territories of Kuala Lumpur, Labuan and Putrajaya (latest) is a subject under the State List. All local authorities outside the Federal Territories directly under the exclusive jurisdiction of States Government. This mean local State Government have wide powers to control the local authorities and to ensure their effectiveness and efficient. 1.1 Definitions Local government can be defined as follows: Local Government is subsystem operating within or among a number of other subsystems. Higher government gave its one body handled on local issues that represent the power whether from federal government or state government, which has limited autonomy in terms of financial and administration, have power to sue and sued by others and have legal property1 Ministry of Housing and Local Government Local Government is infra. Sovereign, Geographic Sub-Division of a Sovereign nation or Quasi Sovereign Nation, exercising the power of jurisdiction in a particular area.2 Dilly M Hill 1 Government of Malaysia, 1970. Report of the Royal Commission of Inquiry to Investigate into the Working of Local Authorities...
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...Some citizens feel as if the state and local government should have more power while others feel that the federal government should dictate most issues. I believe that state, local, and federal governments each have a role. I believe that Washington should have greater power to dictate national policy, but I do not think that will happen. Throughout history there has been a battle of the states' rights versus federal rights. Our federal system is designed to allow states to experiment with different policies. This means that new social or economic policies can be tested for those states who may want the new policy. According to the 10th Amendment of the Constitution, "Powers are not delegated to the federal government...and are reserved to the states, respectively, or to the people (Harrison, 2010). The Constitution has set a balance between state rights and federal powers; however, the states are limited because no state law is superior to federal law (The Question Of). For example, California allows the use of medicinal marijuana, but it is against federal law. In order to obtain ratification of the Constitution, Federalist agreed to the Bill of rights. The Bill of Rights limited federal government powers and any other powers were given to the state. The composition of the Supreme Court has influenced the balance of power between states' rights and federal powers. In 2012, the Supreme Court helped states’ rights by backing the Arizona law that prosecutes any employer of illegal...
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...HOW LOCAL GOVERNMENT OPERATES A Research Paper Presented to ***(instructor) In Partial Fulfillment in *****(subject) by ****(name) **** (date) HOW LOCAL GOVERNMENT OPERATES I. INTRODUCTION A local government refers to the governmental center of specific relatively smaller area. It is the main administrative workplace for all the transactions happen in that area. It is the center for all the negotiations. According to Wells (1939), it is the place where all necessary local dealings and connections together with its people meets and negotiates. As compare to a state or province, the area being governed by a local government covers as smaller proportion of land proper such as city, county, town or municipality. According to Kemp (1999), a “city includes similar municipal political entities such as municipalities, towns, townships and boroughs.” However, according to him, a county “are administrative arms of state that provide general government services such as courts, jails, law enforcements, land records, vital statistics, public health welfare and roads. As a state is being governed by its head, commonly known as governor, a city or municipality, however, is presided over by its elected authority known as the mayor. The local government serves as a place for local affairs and interactions by those who are locally selected authority. It also refers to the legitimate organization of people, who are locally elected by the...
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...THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES BOOK I GENERAL PROVISIONS TITLE ONE. − BASIC PRINCIPLES CHAPTER 1. − THE CODE, POLICY AND APPLICATION SECTION 1. Title. − This Act shall be known and cited as the "Local Government Code of 1991". SECTION 2. Declaration of Policy. − (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self−reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non−governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. SECTION 3. Operative...
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...REPUBLIC ACT NO. 7160 REPUBLIC ACT NO. 7160 - AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991 BOOK I General Provisions TITLE I. Basic Principles CHAPTER I The Code: Policy and Application SECTION 1. Title. — This Act shall be known and cited as the "Local Government Code of 1991". SECTION 2. Declaration of Policy. — (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community...
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...Question 1 Indonesia began a process of rapid government decentralization in 1999 from a formerly strong centralized government structure (Keith Green, 2009). According to Darmawan (2008), under former president Habibie, this reform process was conducted due to the introduction of new decentralization guidance in 2001 under Law 22/1999 on regional governments and Law 25/1999 on fiscal balance between the central and regional governments have changed the intergovernmental relations in Indonesia. Then, they were replaced by Law 32/2004 and Law 33/2004. The World Bank declared that decentralization is defined as “the transfer of authority and responsibility for public functions from the central government to intermediate and local governments or quasi-independent government organizations and/or the private sector”. Decentralization is also regarded as a way of diffusing social and political tensions and ensuring local cultural and political autonomy (Bardhan, 2002, p. 185). Local governments in Indonesia started to develop and to govern their regions by gaining huge transfer of authority and ability to make their own decision-making from central government with these laws. Indonesia begins with the components in political decentralization and then move forward to fiscal decentralization and finally the administrative decentralization. According to Cheema, Nellis and Rondinelli (1999), political decentralization aims to give citizens or their elected representatives more power in public...
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...general history of local government, three distinct periods present themselves for consideration which are during pre- British, British and post- Merdeka period. During the pre-British period, there is no local government. The political units were divided into three which are ‘Negeri’ or State, ‘Jajahan’ or Daerah and ‘Kampong’ or Village. In State, the Head of State was the Ruler that responsible for foreign relationship, welfare and act as a leadership in external wars with the help of his kinsmen in the Royal lineage and by executive assistants . The second tier of political unit is known as ‘Jajahan’ or ‘Daerah’ that have the Chief acting as a leader for district that responsible for the local government administration such as revenue collection, defence and justice. ‘Kampong’ or ‘Village’ was the last tier of political unit. However, for ‘Kampong’ it was actually more of social and economic unit rather than political unit. The head of ‘Kampong’ was known as “Penghulu” that act as the messenger for the villagers to the district. Local government election was first initiated during the British occupation. Malaysia inherited a British legacy in terms of local government objectives and style and has been influenced deeply by the British precedent . During its formative stage, the laws governing the local authorities in Malaysia mostly were based on English laws. Local government authorities in Malaysia have developed through time. The first states to form local government were...
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...the above figure is a centralized government. It is a government in which all powers held by the government belong to a single, central agency. The central government creates local units of government for its own convenience. Most of the governments in the world are unitary. One single central organ is Parliament it holds all the power of the government. Local governments do exist but solely to relieve Parliament of burdens it could perform only with difficulty and inconvenience. The central government in a unitary system is responsible for managing national-level concerns such as foreign relations, national defense and national economic policy. The central ruler or decision-making body controls all aspects of governance, because there are no powers or functions legally reserved to other levels of authority. All areas of government ultimately are under the authority of a single body, so states with unitary systems often have more uniform laws and regulations than federations. The central government also might be responsible for appointing the personnel of lower levels of government, such as regional or provincial governors. Government decisions in unitary states are not necessarily made by the central authority. Some unitary governments delegate some degree of decision-making power to more regional or local authorities in a process called “devolution,” which often is instituted to accommodate ethnic or linguistic minorities who desire greater autonomy. From this one can tell...
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...Adult Entertainment: The Effect it has on Local Politics, Taxes, & Society Lindsey M. Chapman BUS 670: Legal Environment Professor Kim Stock-Foster May 21, 2012 While planning the development and growth of any city, most government officials do not keep the idea of adult entertainment type businesses at the top of their list or in the front of their minds; however almost any and every city of any size will have to encounter this type of business at some point in time. Adult entertainment type businesses come with their own type of issues when it comes to tax laws, business permits, and so forth, but in the past these types of businesses have been able to utilize their First Amendment Rights to defend their style of business, but when these types of businesses are utilizing local tax money to protect and defend their businesses when is enough, enough? It is well known that many people will turn to adult entertainment, not only for entertainment but for work for the simple fact of making a significant amount of money in a very short time; however what kind of impact do these types of businesses have on local governments and societies when the majority of the employees do not pay any taxes on their income? The following paper will describe the effects that adult entertainment businesses have on local governments, the tax laws, and the effects these taxes have on the society of the environment the business is in. Throughout history there have been many...
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