...Edition with answers and CD-ROM Online access code pack Online access code pack and book with answers Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. Information regarding prices, travel timetables and other factual information given in this work is correct at the time of first printing but Cambridge University Press does not guarantee the accuracy of such information thereafter. Contents Thanks vii To the student To the teacher viii x Present and past 1 Present continuous (I am doing) 2 Present simple (I do) 3 Present continuous and present simple 1 (I am doing and I do) 4 Present continuous and...
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...Habeas Corpus, and the War on Terror POL 201: American National Civil Liberties, Habeas Corpus, and the War on Terror Habeas Corpus is a term unlikely known to many detainees in Guantanamo Bay. The war on terror has gone from protecting our country from terrorist, to slowly but surely doing onto these detainees what other tyrants were doing before us. Habeas Corpus is a law that was placed in the constitution in order for guarantee that no one would be held prisoner without a trial. According to the constitution the writ to Habeas Corpus is implemented to prevent tyranny and false imprisonments. In the length that our nation has been around there has only been three instances in which the habeas corpus writ was suspended. The first was after the civil war (during the reconstruction) and most recently during the War on Terror. The War on Terror has brought the Habeas Corpus writ into different perspective when it was approved that the writ be suspended for prisoners in Guantanamo Bay (GITMO). The Bush administration went under severe scrutiny after choosing GITMO as a detention center for “enemy combatants/illegal combatants” and suspending the Habeas Corpus writ to them. There had been no legal aid provided so that the detainees could attempt to prove innocence. In the over zealous need to prevent further terrorist attacks in a way we condoned terrorist like ideals. In 2008, the verdict in Boumediene v. Bush the Supreme Court ruled against the Bush administration and their...
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...proposed reforms in the Companies Bill designed to grant companies full capacity. The doctrine of ultra vires has been fervently debated for many years since its conception in the 19th century, and has caused widespread confusion within the sphere of company law. It will be necessary, in order to construct a thourough and fluidous argument, to outline the history and development of the ultra vires doctrine and why, some would argue, it has become the bane of company law. It will also be necessary to dicuss the relevance of ultra vires to modern company law and the efforts to curtail its widespread influence. The DTI’s White Paper Modernising Company Law, presented to Parliament in 2002 seeks to afford companies the ability to act with unlimited capacity and therefore remove the problems associated with the ultra vires doctrine which will be discussed shortly. This essay will adopt the normative approach that companies, in order to fulfil their potential should have the ability to expand by any means possible to achieve the most economically efficient response. The doctrine of ultra vires is widely regarded as a way in which the company law can be responsive to different bodies and constituencies. The doctrine of ultra vires has been subjected to many reforms and has been highly criticised since it was first introduced, this is largely due to the fact that it has been regarded as a hindrance upon the economic efficiency of companies and an inhibitor of a companies ability to expand...
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...Question Alan, Dave and Joe have been very good friends since their university days. In January 2010, they formed a private limited company, ADJ to run a real estate agency at Suntec Street, with Alan and Dave each holding 20% of the shares. Joe owns the remaining 60% of the shares and is the only one director of ADJ. ADJ needed to buy a motor car for the company’s needs, as all 3 of them frequently bring their clients around looking for properties to buy, sell or rent. During the sale of a second hand motor car by Motor Dealers to ADJ, Motor Dealers represented to Joe that the car had travelled 12,000 km, but is of show room condition. After ADJ bought the car and sent it for servicing, Joe discovered that it had travelled more like 120,000 km. ADJ tried to return the car and get a refund of the purchase price from Motor Dealers. Motor Dealers refused saying that it believed its statements were true. ADJ recently entered into a contract with XY Partnership for the extension and renovation of their office premises to be completed by 26 March 2010. Their contract contained the following clause 12: “XY Partnership agrees to pay ADJ the sum of $3,000 per day by way of liquidated damages, in respect of unfinished work for each day after 26 March 2010.” XY Partnership was not only 6 days late in finishing the building work, but the finished product proved unsatisfactory. ADJ had to spend a large sum of money to remedy the...
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...are different kind of phrases: -Noun Phrases: A noun phrase consists of a noun and all its modifiers. Example: -The lost puppy was a wet and stinky dog. -It was a story as old as time. -Verb Phrases: A verb phrase consists of a verb and all its modifiers. Example: -He was waiting for the rain to stop. -You have been sleeping for a long time. -Gerund Phrases: A gerund phrase is simply a noun phrase that starts with a gerund. Example: -Taking my dog for a walk is fun. -Walking in the rain can be difficult. -Infinitive Phrases: An infinitive phrase is a noun phrase that begins with an infinitive. Example: -Everybody loves to watch movies. -I went to Spain to study the language and culture. -Appositive Phrases: An appositive phrase restates a noun and consists of one or more words. Example: -My wife, the love of my life, is also my best friend. -My idea, to recycle the paper, was accepted by the boss. -Participial Phrases: A participial phrase begins with a past or present participle. Example: -I am really excited, considering all the people that will be there. -We are looking forward to the movie, having seen the trailer last week. -Prepositional Phrases: A prepositional phrase begins with a preposition and can act as a noun, an adjective or an adverb. Example: -The book was on the table. -She was lost in the dark of night. -Absolute Phrases An absolute phrase has a subject, but not an acting verb, so it cannot stand alone as...
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...Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute (Anderson, 2011). The following research will explain the stages of a civil suit, determine what court will have jurisdiction over Tanya Trucker’s lawsuit and why, whether the statute that the state of Confusion enacted is constitutional, what constitutional provisions support the statute, and if Tanya is likely to prevail in her suit. To begin, the stages of a civil lawsuit include the making of an informal demand. For example, Suzy has a problem with the way Jack is handling an issue so she asks Jack to change the way he is doing so. If Jack refuses, then Suzy may seek an attorney to send Jack a more formal demand to try and resolve the issue. If Jack still refuses, then Suzy’s lawyer will serve jack with an official demand. If Jack refuses to answer he will lose the case most likely. If Jack responds then the case will proceed to the next step which is discovery. Discovery is the stage in a civil suit where information is gathered to clarify exactly what has happened and uncover every detail possible about those happenings. The next stage is where motions take place. Both parties will try and file motions that will...
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...Contract Creation and Management Simulation In completing the Contract Creation and Management Solution it was found that it is extremely important parties involved in a contract to understand all of the elements that fall within the contract. It was noted that Span Systems and Citizen-Schwartz were not on the same page in regard to the software contract that was set forth. Each company risks the cost of litigation because of alleged breaches of contract. In an effort to remedy the situation, Span Systems amended the contracts to work for both company’s and to ensure that no litigation proceedings would have to take place. Span Systems and its customer Citizen-Schwartz AG (C-S), a large German bank, are in a major confrontation about legal issues that result from a breach of contract. The company’s are in difference of opinion over the quality and timeliness of deliverables of the company’s software. The software that Span Systems has delivered to C-S was questionable in the regard that the software had major bugs that were discovered during the testing process of C-S. C-S is concerned about the contract between them and Span Systems, because it is worth $6 million. C-S has requested that all codes and asserted the rescission of the contract. This is concerning to Span Systems because the purpose of this contract is to advance to a larger contract with e-CRM which is based on the success of the C-S contract. The contract between both companies states “that neither party may...
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...permitted as evidence in the case or not. The oral assurance on the productivity of the seed contradicted the written clause in the purchase order, and under the parol evidence rule, such contradictory evidence creates a strong presumption in favour of the written terms (Weir, 2010, p. 189). * Whether the written clause in the purchase order supersedes the oral assurance (if permitted as evidence) given by the sales representative for the productiveness of the buckwheat seed. * Given the decisions above, whether the company is responsible for the loss of the crop or not. Reason for the Decision The court ruled in favour of farmers and found the company to be liable for the loss of profits relating to the failed crop. The court`s decision was on the basis of the following reasons, which when considered together resulted in a stronger case in favour of the farmers. * Although the parol evidence rule favours written terms over oral evidence, in this particular case, the written term was included on a standard form contract, thereby making the written clause weaker or less favourable (Weir, 2010, p. 189). * The court also had evidence from several farmers who had been provided with oral assurance from the sales representative that buckwheat seed would smother weeds. Therefore, the word of several farmers indicated that the oral assurance had been clearly established and provided more support in favour of the farmers. Impacts on businesses: * Product Marketing:...
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...American Legal System: Federal and State Governments and the Supremacy Clause Sarah Sayegh Professor McElligott 15 January 2015 Unit 3 “We the people of the United States, in Order to form a more perfect Union…” Drafted in Philadelphia in 1787, the United States Constitution has been the founding legal document of our government. One preamble, seven articles and twenty-seven amendments have allowed for our nation to prosper and grow. Following the principles of federalism, the federal government and state governments coexist and make laws within their own designated territories. The organization and structure of the American legal system is based on federalism, which allows our country to be controlled by two levels of government. While the federal government controls military powers, declares war, prints money etc. the state governments are designed to handle less severe but still crucial situations such as, regulating interstate commerce, conduct elections, establish local governments, set up schools etc. Such a strong organized government has created fairness, structure and most importantly freedom as both the federal and state governments work within their means and support each other. The US Constitution divides the federal government into three branches, the legislative branch, executive branch and judicial branch. In doing so, it ensures a government in which no group gains more power then the other. The legislative branch creates the laws in which we abide by...
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...Chapter 20 What constitutes a Breach of Contract? * The question of remedies does not become important until it is first determined that a contract has been violated or breached. Breach - failure to act or perform in the manner called for in a contract. Anticipatory breach – Promisor’s repudiation of the contract prior to the time that performance is required when such repudiation is accepted by the promisee as a breach of the contract. Anticipatory repudiation - repudiation made in advance of the time for the performance of the contract obligations. * To constitute such repudiation, there must be a clear, absolute, unequivocal refusal to perform the contract according to its terms. * When they say they’re not gonna do what they were gonna do and they’re not gonna get it done on the day they said. * * A refusal to perform a contract that is made before performance is required unless the other party to the contract does an act or makes a concession that is not required by the contract is an anticipatory repudiation of the contract. * A party making an anticipatory repudiation may retract or take back the repudiation if the other party has not changed position in reliance on the repudiation. * However, if the other party has changed position, the party making the anticipatory repudiation cannot retract it. Anticipatory repudiation by conduct: * The anticipatory repudiation may be expressed by conduct that makes it impossible...
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...or thing -Pronoun-a word that replaces a noun (pro means “for) -Verb-tells what is being done and/or a helping verb -Helping Verbs: |Is |Be |Has |Do |Shall |May |Can | |An |Been |Have |Does |Will |Might |Could | |Are |Being |Had |Did |Should |Must | | |Was | | | |Would | | | |Were | | | | | | | -Adjective-describes a noun (answers which one, what kind, how many, or whose about the noun it modifies) -Articles-a, an, the-specifically they are adjectives that show definite or indefinite forms of nouns -Adverbs-a word that modifies a verb, an adjective or another adverb. (it tells how, how, where, or how much the word it modifies) -Conjunction-connects words, phrases, and clauses (FANBOYS)Fan An Neither/Nor But Or Yet So -Subordinating Conjunctions-begins a subordinate clause (AWHITEBUS) Although While If That Even though Because Until Since *When trying to determine parts of speech of any word in a sentence, you must consider the form and the function of the particular word. Verbs and Subjects -The word or words that tell what is done...
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...give legal advice in California regarding a noncompetition clause. Sheldon, a wills and trusts lawyer in Ohio, reluctantly gave incorrect legal advice to Ms. Thompson. Does this correspondence create an attorney-client relationship and violate the Model Rules of Professional Conduct resulting in legal malpractice? BRIEF ANSWER: Probably yes. The correspondence between Thompson and Sheldon does violate the Model Rules of Professional Conduct. Both parties had established an attorney-client relationship. Sheldon breached his duty of care to Thompson and the proximate cause of damages resulted from Thompson’s reliance on the advice. Thus, Sheldon breached his duty as a legal professional and will likely be held to have committed legal malpractice. FACTS: Jonas Sheldon, a licensed bar member of Ohio, was vacationing in San Diego when he ran into a friend, Sheila Thompson. Thompson, a graphic designer, approached Sheldon seeking legal advice regarding a noncompetition clause that her previous employer imposed upon her. Thompson’s previous employer was attempting to enforce the clause as she started her own company. Upon Sheldon and Thompson’s rendezvous, Thompson pled with Sheldon for legal advice regarding the enforceability of the clause. Although first informing Thompson of his inability to practice law in California, since he was not licensed there, Sheldon agreed to “look into it” for Thompson. Sheldon was not approved by California Courts to counsel pro hac vice and...
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...for internal management that governs company. Amendments and updates of the Companies Ordinance have been made frequently in order to modernize the law in enhancing corporate governance, and also to provide Hong Kong a distinctive business environment, benchmarking Hong Kong as a global business and financial hub . As a result, a new Companies Ordinance was enacted on March 2014 with a revised chapter number Cap 622, where the memorandum of association was abolished and no longer a mandatory legal document for company registration, leaving the articles of association as the single constitutional document for a company. The memorandum of association is a public document enclosing the major provisions of a company’s constitution . It governs the relationship between the registered company and the outside , affecting how a company may enter into contracts with third parties, in which it serves as a legal document dealing with the external. The memorandum of association also contains basic information about the company, first the name of the company either in English, Chinese or both English and Chinese; second the company’s registered office address; third the declaration of limited liabilities if it is registered as a limited company; fourth the capital clause which states the amount of the share capital and how it is divided into the number of shares; fifth the association clause which is a declaration made by the founding members that they agree to form a company and state the...
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...determines the longevity of a business. When building a business, it is said that loyalty is key. If the customers or clients a company receives are extremely loyal, it is usually converted into free publicity. Many customers will continue to give their business to a company that they feel have strong ethical codes, which is why ethics is so important in business. The growth of a business depends on a company creating a clear, concise Code of Conduct so that there is an overall understand of what is expected of each employee within the business. RP Services is a company that is built on integrity and has made it its mission to protect all information with the most advanced products and services. Upon its creation, it has been vital to uphold an unwavering moral code, and has continued to make sure this is throughout its entire company. Even though the company is in its beginning stages, the level of professionalism and security presented by its employees radiates well past its 4 years of experience with data services. RP provides servers and storage for small businesses and government contracts for the purpose of processing any type of request and for housing important data. The importance of a secure server is still highly important when it comes to small businesses, and even more important in government relations. The security around the servers, designed for the server is just as an important protective barrier, especially in the time of mobile access in nearly...
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...activity; d) Free bicycles to tour the whole island; and e) Free island hopping tour around the islands surrounding Pulau Gemia. Zarul then made a reservation with OLLT and the tour was set for 2.2.2014 till 7.2.2014. Zarul then paid the sum RM20, 000 to OLLT. Zarul and his wife took their sons Zahim and Zamani with them to the island. When all of them went to Hotel Seri Gemia, they found that the said hotel was not conductive for holiday leisure. They did not get the suites as promised but got only one room with two single beds and the room was also very small. The room was not facing the sea but the swimming pool instead. The food served was not international cuisine but local dishes instead. There was no gym, no SPA, no Olympic size swimming pool. Actually, there was only one pool for children. There was no scuba diving activity as well. The bicycle tour and the island hopping activities were also not carried out. When they returned to their room, they were horrified to discover that their belongings were stolen. Zarul and Zarina lost a few thousand ringgits and the children lost their DSLR cameras and hand phones. When they reported the matter to the hotel management, they were told that the hotel management was not responsible for the matter. The hotel relied on the exclusion clause that can be seen at the...
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