to make sure the company stays in compliance with all the states laws. Large companies often keep what is called “in-house” counsel on the payroll in a position such as vice president or general counsel because of “extraordinary regulatory burdens such as complying with the securities or patent laws” (melvin, 2011, p. 7). Depending on the size of the company the general counsel may also have additional attorneys that he or she supervises. Other companies may just have a lawyer on retainer to advise
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identified. This, in turn, will provide the 7-step process to be applied to the risk management process to mitigate the business risk associated with that violation. Lastly, the criterion in determining if it is an appropriate situation to involve legal counsel in regards to the breach of warranty occurrence will be evaluated. Potential Tort Risks First of all, there are several potential tort risks that are addressed within the Product Liability video. Tort law basically protects individuals from various
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Saunders Prov. Ct. J. Heard: November 1, 14 and 28, 2005. Judgment: January 20, 2006. Constitutional law — Canadian Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression dismissed — City's objective to control proliferation of portable signs to address problem of visual pollution
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Wainwright The Warren Court also reviewed the case of Gideon v. Wainwright which was a case that changed the history of criminal procedure. Clarence Earl Gideon was a man who believed that he deserved to have his voice heard after being denied a right to counsel when he was arrested for petty larceny and breaking into a poolroom in Panama City, Florida in June 1961. At trail Gideon ask for a lawyer to defend his case since he could not afford one himself. Unfortunately, his request was denied since under
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Alumina and BP Introduction Running a business does not come without the existence of liability risk and legal issues. The question posed is what are the liability risks that could lead to legal issues and how will such issues be handled. When legal issues are present in the business sector due to liability issues, more likely than not, others are affected both directly and indirectly by the situation. How the situations are resolved depends upon those involved and the complaint. BP and Alumina
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v. State, 225 P.3d 1211 (Kan. Ct. App 2010). Betts was convicted of first degree murder and the underlying claim is that he was denied his sixth amendment right to effective counsel. Betts raised many issues in his direct appeal including his claim of ineffective assistance of trial counsel. Specifically, Betts alleged that his trial counsel failed to interview and call certain witnesses, failed to confer with him in any reasonable way prior to trial, failed to make an opening statement, and failed
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he took a be ting and the deceased hurt him so he shot at him. Petitioner also told Bruno that he was goin to get a lawyer and tum himself in. Bruno informed his supervisors The folIo . g day at 7:10 p.m., the petitioner, accompanied by counsel surren ered himself to the Br nx County police. His attorney cautioned him to not answer any que tions, and left him with the fficers. At 7: 15 p.m. the petitioner was taken to the office of the Ass stant District Attorney here the questioning
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Jones that granted various constitutional rights to juveniles (Champion, 2010,2007,2004,2001,1998). In today’s world juvenile courts in all jurisdictions have moved away from traditional approaches to juvenile offending and punishment and onto due process commensurate with adult offenders. The presence of an attorney in juvenile courts is more of a rule then an exception (Champion, 2010,2007,2004,2001,1998) . The history of the evolution of the legal rights of juvenile offenders began in the 1960’s
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Sixth Amendment - Provides guarantees of a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to counsel. Eighth Amendment - Prohibits excessive bail and fines, and cruel and unusual punishment. Exclusionary rule - A rule of criminal procedure that prohibits the introduction at trial of all evidence obtained in violation of constitutional rights, as well as any evidence derived from the illegally obtained evidence. Miranda rule - A rule
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pleas. Typically, defense counsel and the prosecutor negotiate the charges to be brought. If the bargain pertains to the sentence to be meted out, a judge may also participate unless barred from doing so. The main purpose for plea bargains is this process saves the government the time and cost of a jury trial in exchange for a reduced sentence. Defendants who plead guilty as part of a plea bargain give up three constitutional rights: the right of trial by jury, the right to confront and question one's
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