...A statute can be either discretionary or mandatory. A discretionary statute is one that is exercised at one’s own discretion (FindLaw, 1996). A mandatory statute is one that is considered being obligatory (FindLaw, 1996). In the case of the statute that is discussed above the statute is discretionary, you have several stipulations that need to be considered and would be under the one’s own discretion as to enforcement. The stipulations are what cause this to be a discretionary statute. You have several factors that may or may not allow an employee to be able to receive the benefits upon termination of working for the company whether it is on their own accord or by the company. According to this statute the State of New Mexico lists three specific ways in which an employee can be denied their benefits upon termination of employment. The first instance in which an employee may be denied their benefits is when an employee leaves the employment position voluntarily with good cause. The employee will then not be able to claim unemployment benefits. If an employee has been found to have been performing misconduct which was associated with the individual’s employment, the individual will not have right’s to benefit’s under this statute. The final instance in which an individual will be denied the right’s to benefits is when the individual has failed without a good reason to be available for work or show up to work when scheduled to be so. This statute does have exceptions...
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...convincing evidence, exclusive possession and open, notorious, continuous, and adverse use for a period of twenty-one years The doctrine of adverse possession protects one who has honestly entered and held possession in the belief that the land was his own, as well as one who knowingly appropriates the land of others for the purpose of acquiring title A grantee in a deed, who takes immediate and exclusive possession and control of a tract of land adjoining property conveyed by such deed, but which tract was omitted therefrom by mutual mistake, and who openly possesses and controls such tract of land continuously, exclusively and adversely for more than 21 years, becomes vested with title thereto In a case of adverse possession, the statute of limitations is tolled and, thus, the chain of continuity is broken, when the true holders of title cause the disputed property to be surveyed and, subsequently, inform the adverse claimants, through an agent of the true holders of title, that the property in question in fact belongs to the true holders of title Fences Regardless of who erected the fence, the fact that a party treated the land on one side of the fence as his own for the requisite time period established the adverse possession claim by clear and convincing...
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...New Mexico Statute Melissa L. Shuey Kaplan University 1. This statute was enacted by the legislature of the State of New Mexico. 2. The language contained in the New Mexico statute is primarily mandatory. The beginning of the statue uses “shall be” and “shall not be,” both of which are mandatory phrases. Additionally, subsection (1) continues with mandatory language when it states, “No individual shall receive benefits…” and “…that a person shall not be denied….” However, some discretionary language exists with the phrases, “without good cause” and “suitable work,” which leaves room for subjectivity on the part of the Division of Unemployment Services. 3. According to the statute, a person can be denied unemployment benefits if “it is determined by the division that” the person voluntarily quits, is fired for misconduct connected to the job, or is not attempting to get a job, either by not applying or turning down a viable job offer. Based on the fact that these three items are separated by semicolons and the word “or” between numbers two and three, a person must only meet one of the three descriptions in order to be disqualified from receiving benefits. 4. Exceptions apply only to the first part, (1), which relates to a person voluntarily quitting a job. These exceptions clarify that benefits shall not be denied “solely on the basis of pregnancy or the termination of pregnancy;” if the person left the job due to evidenced domestic abuse; or if relocation was...
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...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...Kaplan University Statute to the Samantha Smith Slip and Fall Case Donna Barnes PA201-06 Statute: Ind. Code Ann. § 34-51-2-7 (West 2013). The statute states that action based on fault against a defendant or defendants maybe treated as a single party. It also states that the jury is to determine the percentage of fault the claimant, of the defendant of any non-party. If the percentage of fault to the claimant is greater than fifty percent of the total fault involved in the incident that caused the injury the jury shall return a verdict for the defendant. If the percentage of fault of the claimant is not greater than fifty percent of the total, the jury shall determine the total amount of damages the claimant would be entitled to recover if contributory fault were disregarded. The jury then multiples the percentage of fault of the defendant by the amount damages determined and then enters a verdict for the claimant in the amount of the product of that multiplication. Statement of Fact: Samantha filed a complaint in trial court alleging negligence on the part of the store and is seeking damages for injuries that she suffered from the fall. The store is saying that Samantha is just as much at fault as they are. The store claims that Samantha wasn’t paying attention to where she was walking and should have been able to avoid the fall. The store also claims that Samantha was distracted by her young son. Question presented: Is Samantha just as much at fault as...
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...Assignment 2: The Statutes Sara Barboza Dr. Joseph McCue PAD 525 Constitutional and Administrative Law October 18, 2015 INTRODUCTION The word miscegenation comes from the Latin words miscere (to mix) and genus (type, family, or descent) and has been used to refer to cohabitation or intermarriage between racial groups. Regulated by state law, miscegenation was illegal in many states for decades. However, interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision, Loving v. Virginia, that decreed all state antimiscegenation laws unconstitutional. Many states, of course, had chosen to legalize interracial marriage much earlier. According to a May 14, 2012, Huffington Post article entitled “Interracial Marriage Statistics: Pew Report Finds Mixed-Race Marriage Rates Rising,” the 1980 Census (the first to collect data on interracial marriage) reported that 3% of all married couples were from different races. The number had risen to 8.4% (one in twelve couples) by 2010. Looking at marriages recorded in the years between 2008 and 2010, we find that 22% of newly-married couples in Western states were of different races or ethnicities, compared to 14% in the South, 13% in the Northeast, and 11% in the Midwest. QUESTION 1: Analyze and evaluate each case independently by providing the following (about two paragraphs per case): LOVING V. VIRGINIA CASE. 1. Facts of the case: In 1958, Mildred Jeter, a black woman...
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...Statute of Frauds People are sued all the time for various reasons. It is important to understand the law as much as possible to help protect oneself from being a victim of legal proceedings. In Johnny and Marks case, they entered into a contract together that they were not able to hold up on their end, and Mark is now being sued. The court must now decide if Mark’s role in the contract can be legally enforced. Under the Statute of Frauds there are certain requirements set in place in order to enforce a contract between two or more parties. One of these requirements is that any transaction that is $500 or more needs to be in writing between the parties involved. Since the lawnmower cost $10,000, then the loan between the salesman and Johnny needed to be in writing. Mark, being the surety on the loan and not having signed anything, could not be enforced to pay the loan back to the salesman. Like most things in life, there are exceptions to the law. In Mark’s case, he falls under the “Main Purpose” rule. Mark made an oral promise to pay the $10,000 if Johnny failed to meet his financial obligation. Under normal circumstances the salesman would be out of luck. However, Mark made the oral promise as a secondary on the loan in order to receive a personal benefit in the form of the use of the lawnmower. Therefore, no written documentation is required to enforce Mark to uphold his end of the contract. Contracts between parties has been a way of doing business for a long time. The...
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... 1. Who enacted this statute? New Mexico State Legislator 2. Is this statutory mandatory or discretionary? What causal term in the statute helped you answer this question? It is my opinion that this statute is mandatory and the causal term that helped me come to that conclusion is “Shall”. It is my opinion that the term “Shall” means required to in this statute. 3. According to this statute, what are the three ways that a person can be denied unemployment benefits in New Mexico? Must a person do all three things to be disqualified from receiving benefits, or is it enough that they only do one of the listed things? What term in the statute helped you answer this question? According to N.M. Stat. § 51-1-7, if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. If it is determined by the division that the individual has been discharged for misconduct connected with the individual's employment; or if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division or to accept suitable work when offered. The term “or” in connection with this statute means one of the said conditions therefore a person would only have to do one of the following stated above. “Or” is the term that brought me to my decision and opinion. 4. Are there any exceptions to this statute? If so, which of the three...
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...expectations. Statutory Laws: Statutory laws are a set of written rules set down by the legislature. They are published in several forms by different publishers. Both the U.S Congress and the State legislatures enact these statutes either by bill or by joint resolution. Federal statutes take precedence over state statutes and state statutes over the common law. Statutory laws are inferior to constitutional laws and courts have to power to declare them unconstitutional. These laws are codified under titles describing areas of action to which they pertain to. If a statutory law needs to be cited in court, the official edition published by the Government Printing Office is used. A statutory citation has a volume number, the abbreviation “stat.” for Statutes at Large, and the page number where the law begins. For Example: Fla. Stat. § 776.013 (2009) § 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm This statute was used in the case: State v. Smiley, 944 So. 2d 1027, 1028 (Fla. 4th DCA 2006). Case No. SC06-1237 Overview: In 2004, Mr. Smiley was charged with first-degree premeditated murder of Jimmie Morningstar, an occupant of his cab. He argued self-defense under the Florida statute § 776.013(3), Fla. Stat. (2005). Outcome: The outcome of the case was that the decision in the Fourth District was approved and the case was remanded with instructions to return the matter to the trial court. Administrative...
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...more of the British constitution is written down, however, they are not all written down in a single document like a codified constitution would require as how the US is, however draws from several different sources such as; statutes laws, common law, conventions, EU laws, authoritative documents etc. Statute law, is a written law passed down by parliament for example the human rights act of 1998 which brought the European convention on human rights into British law, conventions is another source of the British constitution, they are unwritten laws considered binding on members of the political community for example the Salisbury convention which made sure that the house of lords does not obstruct proposals contained in the governments most recent manifesto. Has the British constitution become increasingly codified? Its not the case that the British constitution is being written in a single document but in fact that more of the constitution is being written down as there is increasingly more written statutes that have great constitutional impacts as they are passed by parliament making them more rigid therefore harder to change as parliament has ultimate sovereignty, however you could say the EU laws are exempt from this, the significant examples of statute law with great constitutional impacts are such as the The Human Rights Act [1998]which was put in place under Tony Blair, the Human Rights Act enshrined into constitutional law basic human rights that appear as articles...
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...are; A Constitutional Code, A Constitutional Consolidation Act and A Written Constitution. Firstly, A Constitutional Code would be a document sanctioned by Parliament, but without statutory authority, and which would set out the essential existing elements and principles of the constitution and the workings of government. Due to the fact that the document doesn't have statutory authority therefore it is not statute, and so it is not written down and has not been approved by a legislator. A Constitutional Consolidation Act: this would be a consolidation of existing laws of a constitutional nature in statute, the common law and parliamentary practice, together with a codification of essential constitutional conventions. As the constitution would be statute this means that it is an act of Parliament and if it were to contradict with a convention or common law, the Consolidation act would dominate. This blueprint would also involve constitutional rules which are based on common law. For example, the formal powers of the crown, royal prerogative, would be statute rather than common law. The third and final blueprint is a Written Constitution. This would be a document of basic law by which the United Kingdom would be governed, setting out the relationship between the state and its citizens, an amendment procedure and elements of reform. By having a written constitution, everyone would know what are the governing rules and institutions are, therefore decreasing confusion...
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...as identity theft. Also, if hackers were to hack into the computer systems that control our infrastructure they could possibly turn off or damage our power grids or if they were to hack into the systems that control air traffic control, they could crash airplanes and disrupt travel for millions of people. On a larger scale if hackers were to hack into nuclear power plants they could possibly cause a nuclear meltdown. (GORMAN, 2009) Question 4: Criminal law statutes now protect your name and identity, your communications, and your ideas. Match each of these categories with the appropriate criminal law statute and explain how each statute can be violated. Name and identity = “Identity Theft and Assumption Deterrence Act of 1998” (Baumer, 2011). This statute protects individuals from having their identity stolen and used to commit a crime or make purchases in that person’s name that were not initiated by that person. Communications = “Electronic Communications Privacy Act of 1986” (Baumer, 2011). This statute was initially created to protect individuals from having the companies they worked for from spying on them and revealing information that they illegally obtained. This is a very good law and I personally run into this all the time as a systems administrator. For instance,...
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...Assignment - Corporations Law Question 1 worth 25 marks James is a graphic designer and shareholder in Snowzone Pty Ltd (“Snowzone”) a profitable graphic design company. He holds 200 of the 1,000 issued shares. The other 800 shares are divided equally between the other 16 graphic designers in Snowzone. Two of these other 16 graphic designers are the directors of the company. James did not support the election of these directors but a majority of the other shareholders voted for them. The company has paid dividends to the shareholders from time to time but not for the last 3 years. Snowzone uses computer hardware supplied by Nicola Pty Limited. The 2 directors of Snowzone are in fact shareholders in another computer hardware supplier, Zabriski Pty Limited, and they, together with some of the shareholders of Snowzone favour a change in the hardware supplier to Zabriski Pty Limited. The directors accordingly call an extraordinary general meeting so that the shareholders can vote on a change of the hardware supplier. James has consistently voiced his opposition to a change to Zabriski Pty Limited. James has also recently begun contacting other shareholders seeking their support in requesting that the directors pay a small dividend in the current year. He has little success with the shareholders but still puts his proposal to the directors. Snowzone’s directors and the majority of shareholders, several of whom are relatives (family)...
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...Introduction Law is all the rules of conduct established and enforced by the authority, legislation, or custom of a given community, state, or other group. Statute law is a body of law comprising of written laws enacted by a legislative body. It differs from case law originating from decisions of the appellate courts, and constitution law, which is based on the U.S. Constitution. State legislatures enact state statutes. Statutes attempt to lay out the ground rules of the law, and when disputes arise, state and federal courts interpret the statutes more clearly. The Supremacy Clause establishes that the federal constitution, treaties, federal laws, and federal regulations are the supreme law of the land. State and local laws that conflict with valid federal law are unconstitutional. Congress may designate a federal statute regulate a specific area or activity. No state or local law regulating the activity is valid if there is such a statute. (Cheeseman 2010) The state of Confusion enacted a statute requiring all trucks and towing trailers to use a specific truck hitch when using its highways. The required truck hitch can only be purchased in Confusion from its sole manufacturer. A trailer hitch is made up of two parts, a trailer knob and a coupler, or bowl socket. The trailer hitch ball is a metal ball that is mounted on a base. This ball is cast or machined from solid steel, and it usually is completely round, with a flat section on the top. The hitch ball comes in several...
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...legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S. flag) was viewed as disorderly conduct and a direct violation of this Texas statute ("Texas v. Johnson", n.d.). 2. List the branch of government that created the statute The legislative branch created this particular statute. 3. List the parties to the case in the case study The State of Texas and Gregory Lee Johnson were the two primary parties involved in this statute. 4. List...
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