...State Criminal Statutes of Limitations Vary Widely Meta Description: What are the State Criminal Statutes of Limitations in your area, and how do they affect your rights? Find out here. What are the State Criminal Statutes of Limitations by State? Criminal statutes of limitations forbid prosecution for supposed offenses which occurred longer ago than the specified time. These laws can be varied and complex; some states have several tiers of felonies and a different time set for each particular offense within the state. Other states have no criminal statutes of limitation at all. In general, these statutes were enacted to ensure fair trials without the possibility of evidence deteriorating over time. If the statutory period for the offense has run out, there can be no prosecution, and the alleged criminal is free. Hiding in plain sight Most often, state statutes of...
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................................... 1! LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2! LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches remain and coexist with the statute of limitations on the theory that Congress legislates against the background of traditional equitable principles? * Assistant Professor...
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...5/8/2014 Most important document in constitution of a company is Memorandum | Law Teacher Need help? ☎ 0115 966 7966 Enter your search terms... Search Home Services Prices Order Quality About Us Law Help Contact Us My Account You are here: Law Teacher » Company Law » Essays » Most Important Document In Constitution Of A Company Is Memorandum Of Association Company Law Essay Most important document in constitution of a company is Memorandum Search all our free law essays... These essays have been written by students for you to use to help you with your studies. If you need your own custom law essay then we can help.... Get a quote for your own law essay... 0 Translate this page Select Language ▼ Order Your Law Essay Search Share & Download Like 0 Print Download Email Order your custom law essay today to help you achieve the grade you need. Tw eet 0 Order Now Introduction The most important document in the constitution of a company is the Memorandum of Association of the company. The Articles of Association is the second most important document that needs to be registered by any company for its incorporation, registration and subsequent operation. It is a public document laying down the rules for the internal management of the company and it does not have the force of ‘law’. The provisions of the article amount to public notice, known as constructive notice. This is the doctrine of constructive notice. The...
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..."slack action" accidents to which longer trains are susceptible. The Court applied a test that balanced the state's safety interest against what it saw as the very substantial burden the law imposed on interstate commerce. The law was struck down. The same test was used in 1959 to strike down an Illinois law requiring trucks to have contoured rear fender mudguards rather than the straight mud guard flaps required by most other states (Bibb v Navajo Freight) and in 1978 to invalidate a Wisconsin law that limited truck length to 55 feet at a time when most long haul truck lines had gone to 65 foot trucks (Raymond Motor Transportation v Rice). http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm The issue is what limitations does the Commerce Clause place on...
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...Chapter 10 Product Liability I. Definition of Product Liability Manufacturers and anyone in the chain of product distribution can be legally liable for defective products that cause injury to the purchaser, a user or bystander, or their property. Most states have adopted strict product liability, whereby an injured person may recover damages without showing that the manufacturer was negligent or otherwise at fault without a contractual relationship. II. Theories of Recovery The primary theories on which a product liability claim can be brought are breach of warranty, negligence, and strict liability. A. Breach of Warranty In a warranty action, the question is whether the quality, characteristics, and safety of the product were consistent with the implied or express representations made by the seller. 1. UCC Warranties may be either express or implied for merchantability or fitness for a particular purchase, as set forth in Chapter 8. 2. Privity of Contract Breach-of-warranty is based on contract law. Generally, an injured person to recover for a breach of warranty, he must be in a contractual relationship (privity) with the seller (a consumer or buyer of the product) and prevents recovery from bystanders not in privity with the seller. B. Negligence To prove negligence in a product liability case, plaintiff must show defendant did not use reasonable care in designing or manufacturing its product or in providing adequate warnings...
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...Subject Discipline/Course Number: Business Law BSAD C131-50 CRN: 50074 [->0] Instructor’s Name: Anthony (Tony) Damiano Class Day/Time/Class Room: On-line Contact: [->1] or (760) 371-0633 (AT&T Cellular Service) After Hours: Monday-Tuesday-Wednesday-Thursday-Friday-Saturday 4:30 PM to 9:30 PM (All times are Pacific Standard) General Course Information: It is every student’s responsibility to ensure proper enrollment or withdrawal from this class. You are responsible for your administrative issues. I am responsible for your education and participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course...
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...Forgiving student loan debt has become an America crisis that affects everyone who has ever been a student to acquire more debt. At this time more people are trying to get financially stable so that they can secure a better future for themselves without increasing their debt. According to Wolfer, the article Applebaum wrote lacked effectiveness, and was pointless in his response to Applebaum student loan forgiveness petition. Convincing his argument against Applebaum proposal, Wolfer included that giving one thousand dollars to fifty unfortunate students may help with the crisis of student loan debt. Wolfer proves his personal opinion in remarks towards students lacking to want to pay back student loans debt and because of his remarks I think...
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...and to what degree. Key words or phrases Harassment Protection from harassment Employer’s liability Vicarious liability Damages/sanctions in harassment cases Obvious sources/areas of law Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law Client objective(s) To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that Oxbridge Essays www.oxbridgeessays.com their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now. Record of research undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer vicariously liable for discrimination perpetrated by the complainant’s fellow employees in the course of their employment, whether or not it is done with Oxbridge Essays www.oxbridgeessays.com the employer’s knowledge or approval, but that a defence was available under s 41(3) where the employer took reasonable steps to prevent such conduct. Need to check if there is such a...
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...United States of America, the law pertaining to crime against persons is complex; due to the principle of dual sovereignty that is a component of federalism. This essay entails analysis of murder as crime against persons. Murder cases are classified by the hierarchy of acts which entails: homicide, murder, manslaughter, and lastly justifiable homicide. English courts formed the body of common law on which United States jurisdictions relied on, in developing their murder statutes. Early English common law alienated murder into two broad categories: criminal and non-felonious. Historically, the intentional and deliberated killing of a person by another person was a criminal homicide and was categorized as murder. This analysis will discuss in details historical common law and current states statute in relation to crime of murder. Introduction Under the early United States law, murder was a criminal act that was punishable by death. It was termed as the unlawful execution of a person with hatred aforethought. According to Siegel (2006) book, Criminology, murder was also defined as a deliberated intent to kill. Currently, United Sates courts and jurisdictions have adopted the English common law. However the court has carried-out some amendment to various conditions that constituted criminal homicide. Modern statutes in general segregate criminal homicide into two wide categories: murder and manslaughter. Murder is further separated into: [ (Akers, 2013) ]. [ (Siegel L. , 2006)...
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...limit its own powers, for example, devolution to Scottish Parliament and Welsh Assembly, Human Rights Act 1998, UK’s entry to European Union in 1972, and the decision to establish a UK supreme court in 2009, which ended the House of Lords function as the UK’s final court of appeal (the independence of the judiciary). This essay will discuss whether Parliamentary sovereignty is still a relevant feature in the British constitution or whether it truly has been rendered obsolete by the supremacy of EU law and the UK’s statutory recognition of human rights. Whilst Parliament has been around as a governing power since the eighth century, it was only during the seventeenth century that it started to gain more power and authority. When King Charles I and his Royalists lost the Civil War against Cromwell and his Parliamentarians in 1649, Parliament abolished the monarch entirely, choosing instead to rule autonomously. It wasn’t until 1660, two years after the death of Cromwell that the monarchy was restored, allowing Charles II to take the throne with the assurance that he would submit any settlement to the decision of Parliament. This would be the start of the limitations of monarch powers by convention that have grown over time, and have in turn allowed Parliament to become sovereign. Many argue that because Parliamentary Sovereignty is rooted in a past that is no longer relevant, sovereignty itself could be said to be a constitutional relic. However, the fact that the UK has a functioning...
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...limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary power is the individual judgement; the power of free decision making, a public official’s power to act in a certain circumstances according to the personal judgement and conscience, often in official or representative capacity. Discretion can also be defined as powers granted to an administrator to make a decision with the highest...
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...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention...
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...Midterm Exam. James D. Humbert * Essay Question #1: You work with a Government agency managing several large defense contracts. On one of these contracts with a contractor named ATI, an issue has arisen concerning the allowability of certain ATI incurred and invoiced costs. ATI's contract is a cost plus award fee contract. The specific costs in question involve some $50,000 in costs running the ATI fitness center at the ATI main business campus. Additionally, ATI paid $500,000 to a political action committee (PAC) which supports legislative initiatives for defense contractors. Finally, ATI incurred and invoiced the Government $1.5 million for its legal fees associated with a proceeding brought against it by the local U.S. Attorney's Office for an alleged violation of the False Claims Act under 31 U.S.C. 3730. This False Claims act matter was ultimately resolved and settled through a consent decree between the parties. Before he visits the local DCAA auditor for guidance on what actions to take, your boss want you to prepare an essay advising him on whether any of these three sums are allowable under the FAR. According to Subpart 31.603 Requirements, contracts that refer to this Subpart 31.6 for determining allowable costs under contracts with State, local and Indian tribal governments shall be deemed to refer to, and shall have the allowability of costs determined by the contracting officer in accordance with, the revision of OMB Circular A-87 which is in effect...
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...Chapter 1 ------------------------------------------------- Law and Legal Reasoning ------------------------------------------------- N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities. ANSWER: T PAGE: 2 TYPE: N BUSPROG: Analytic AICPA: BB-Legal B2. The U.S. Constitution is the basis of all law in the United States. ANSWER: T PAGE: 4 TYPE: + BUSPROG: Analytic AICPA: BB-Legal B3. The U.S. Constitution reserves to the federal government all powers not granted to the states. ANSWER: F PAGE: 4 TYPE: N BUSPROG: Analytic AICPA: BB-Critical Thinking B4. The Uniform Commercial Code has been adopted in all fifty states. ANSWER: T PAGE: 5 TYPE: + BUSPROG: Reflective AICPA: BB-Critical Thinking B5. Federal agency regulations take precedence over conflicting state agency regulations. ANSWER: T PAGE: 5 TYPE: + BUSPROG: Analytic AICPA: BB-Legal ...
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...2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal law an issue? Is a federal law violate? Federal property? Concerned with our federal city? 2. __Complete___ Diversity of Citizenship + $75,000 PI = Platiff Delta = Defendant Pi Delta Cal Nev Can go to fed court Wash NH ID CA Now they cant Venue A different location within the same jurisdiction Superior – many in diff districts CT of Appeals—major cities Supreme – Sac...
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