Thomas Davies filed a civil suit in the Court of Common Pleas of Philadelphia County against Southeastern Pennsylvania Transportation Authority (SEPTA) in august 2001 under Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1986) for the injuries that he received during his service as a locomotive engineer for SEPTA. The two issues that were in question are the issue of limitation and local rules for litigation proceedings. Contending SEPTA’s negligence he pleaded that he was not provided a safe work place which is a mandatory prerequisite under the provisions of law. To be very precise Davies put before the ...
Criminal Justice Case Studies Samples For Students
606 samples of this type
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International arbitration allows international business persons from different legal backgrounds to amicably solve their grievances. Parties to a contractual agreement or in an international relationship seek an impartial party who carries out the adjudicatory process. The resolution by the arbitrators is usually binding and carries a provision of arbitration in future contractual disputes. International Arbitration has over the last half century gained popularity because of the expeditious nature of the method. Businesses and international traders prefer international arbitration to the domestic legal process. A dispute would usually be handled under the judicial system under which the dispute occurred. Resolving ...
Cleveland Clinic1. Discuss how much you think the CC should adapt their marketing strategies and programs to UAE conditions.
CC requires investing more on marketing strategies as well as familiarising itself with UAE programs. First, it requires understanding the customers of UAE and more particularly the cultural behaviour of the customers. Understanding the cultural behaviour of the UAE customers forms the basis of its expansion. Different cultures have different have different preferences and therefore any company that wishes to enter a new market; cultural environment is a very important aspect to consider (Gillespie etal 264).
Nevertheless, CC requires focusing ...
Chicago Bridge & Iron Co. V. Federal Commission
[United States Court of Appeals, Fifth Circuit, 515 F3d 447 (2008)]
FACTS: The Chicago Bridge and Iron Company and its United States subsidiary, Chicago Bridge and Iron Company (Petitioner) is a company that was engaged in designing, engineering, and constructing industrial storage tanks for liquefied natural gas and other gases. In this market the Petitioner and another company, Pitt-Des Moines, Inc., were the dominant firms. The Petitioner acquired all the assets belonging to Pitt-Des Moines, Inc. in the year 2001 for 84 million dollars. The Respondent preferred charges against the Petitioner alleging ...
- What is your student identification number?
- How many Indigenous nations are there in Canada?
There are twelve nations: Great Basin, California, Great Plains, Northeastern Woodlands, South West, South East, Mesoamerica, Circum-Caribbean, Eastern Subarctic, Northwest Coast, Western Subartic and Arctic.
- How many Indigenous language families exist in Canada?
There are close to 75 indigenous languages, but according to Norrls (104), up to 2008, there were sixteen selected aboriginal languages. They include Cree, Ojibway, Innu-aimun, Algonquin, Ml’kmaq, Blackfoot, Malecite, Dene, Dogrib, Carrior, Satish, Gitksan, Nisga’a, Mohawk, Iroquoian and Haida.
- How many indigenous creation stories did ...
In the case of Lawrence V Texas, two men were arrested by the police in their searches for arms. They were arrested for engaging in sex that was against the laws of the land. According to the police, it was reported that, the two men were engaging in anal sex. Homosexuality was not legalized than in any state. When they were paraded before a court of law, the accused individuals agreed to the charges that implicated them of the crime. However, they contended that, their acts were protected under the provisions underpinning the fourteenth amendment. In the light of ...
The Economy and Work
According to the conservative ministers, the government does not believe that Election Canada has any significant role for boosting and encouraging voting. Further, they have argued that the decreasing turnover in the recent years is representation of the fact that Elections Canada was not having a good deal of success.
In my opinion, there are ulterior motives for passing this law that the Conservative government is not disclosing. They want to win the majority by using illegal robocalls to the voters, which are identified as the non-supporters in the complied list of the confidential part and directed them to ...
Facts of the case: The petitioner in this case, Mr Albert Florence, was arrested on charges of obstruction of justice and use of a deadly weapon. He was eventually sentenced to pay a fine in installments of a certain amount. After he defaulted on these payments, the authorities issued a bench warrant for his arrest. Due to a mistake in the system, however, this warrant was not removed from a statewide computer database. As a result, two years later he was arrested by an officer and brought to the Burlington County Detention Center. After spending six days in detention ...
Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.
Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.
Does the cap on tort recovery damages imposed by Mexican law render Mexico an inadequate forum for resolving a tort suit by a Mexican citizen against an American manufacturer and an American airbag designer?
There are four consideration for the court to take into account when determining a case of forum non conveniens. The first factor is whether an alternative forum is available. In making its determination of whether an alternative forum is available, the court will ...
The patient has presented with brain trauma but not brain death. They are unresponsive. Half of the family insists they would not want to live this way and should be taken off of life support while the other half insists that that is inhumane and some family members stand to gain a large inheritance if the patient is deceased.
The patient is considered brain dead; parts of the brain responsible for higher thinking are no longer functioning. According to Elizabeth Price-Foley’s article “Blurred Lines: Redefining Life and Death”, published in Brain: A Journal of Neurology, when an individual’ ...
- The dilemma involves fidelity to a client who is unable to communicate. Mr. and Mrs. Smith have been married for sixty years. Now in his mid-eighties, Mr. Smith has suffered several strokes that have rendered him semicomatose. Mrs. Smith is legally blind, walking with the aid of a cane. She remains perceptive, however, and makes all of the financial decisions for the couple. She also oversees all of Mr. Smith’s medical decisions. Mr. Smith was recently admitted to the hospital with pneumonia and bedsores, but Mrs. Smith has elected, even in her current state, to take him ...
Legal Brief is a written procedural argument of the case in court of law. It outlines court orders during a case in a manner that is easy to understand. Legal Brief is categorized into Appellate Brief and Student Brief according to state laws (Tomkovicz & White, 2012, p.23). Appellate Brief contains records of court proceedings of the case in an Appellate Court while Student Brief is a short analysis of case proceedings that is used for the purpose of learning. In this case, we are going to consider the Student Brief for the purpose of analysis of the case of ...
A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer ...
The Background and the legal process
Brazos manufacturing company is an internationally acclaimed company that deals in spare parts of reputable automobiles. The company has a large organizational structure that deals involve several employees. It has many Vice presidents, an Executive vice president and a president. The executive vice president is in charge of the operations of the company. The vice presidents of the companies were requested to cut their costs. The Executive vice president continued with his flashy lifestyle. He attended the most expensive Italian restaurant in Los Angeles.
The company controller, Jack noticed the executive vice president fraudulently used the company’s resources. ...
IRAC: Sei Fujii v State of California
Whether or not, the UN Charter has the effect of invalidating the California Alien Land Law, which prohibited aliens not eligible for citizenship from owning lands.
The signatories to the UN Charter commit themselves to foster world peace by promoting tolerance, respect for treaties and other international laws and universal freedoms, which they will do jointly and on their own to achieve those ends.
The UN Charter does not have the effect of invalidating the Alien Land Law because they are not self-executing. This is evident by the absence of mandatory nature of the language used. Rather, the ...
The Oltz v. St. Peter’s Community Hospital
The Oltz v. St. Peter’s Community Hospital
Anti-trust laws or statutes are of fundamental importance to the health sector, as they influence existing health care entities in several ways. Influence is significant in factors such as how the health care entities grow and expand, especially regarding their relations with medical providers and suppliers and in their own individual or group interaction. Anti-trust statutes, as found under the United States anti-trust law, pertain to a collection of both state and federal government laws that are crucial in regulating the overall organization ...
The problem has two sides. The point is that some argue that when a police officer enters a dwelling to conduct a search, the owner of a dwelling may ask to leave. Minnesota vs. Olsen is one of such cases. United States vs. Beck is another case when police officers conducted illegal search. Although, police officers managed to conduct a search, in the court it was proved that the search was illegal. On the contrary, there is a case Kentucky vs. King. Police officers tried to buy drugs from Mr. King. When they managed to do this, they followed ...
Purposes of law
In broad terms, the major function of the law is act as a platform or system of order that levies punishment for crimes that have been defined by the same law. Another function of law is to ensure that there is a uniform fairness across all boards of the justice system. In the business environment, the law also provides a platform whereby disputes between different parties are resolved, and the legal rights of the different parties in the business are also discussed. It is of the essence to note that the law is also used in businesses as a ...
The software industry is an information intensive industry, whose output consists of well coded instructions that guide in the operations of gadgets like phones, smart machines, computers, and tablets. The inputs and outputs of this trade consist of intangibles, the prices of which contain substantial Schumpeterian payments. The rewards of innovators in the software industry of the 1990s were extraordinary, illustrated by the meteoric rise of Bill Gates to control the largest individual wealth in the world. The current software industry is consequently an extreme sample of an industry where the revenues to innovators investments, and in other cases ...
Elements of the crime
Orr was arrested over an arson charge at a place called Atascadero. In order for the prosecution to prove that he was the person responsible for the crime, the following elements were identified. In this case, the prosecution provided both the Actus Reus and the Mens Rea element in their bid to charge Mr. Orr for the offense. On the Actus Reus section, the following factors were associated with the arson that Mr. Orr was under accusation. The factors included the physical manifestations that placed him on a probability scale of being the mastermind in setting the place ablaze.
Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)
Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for ...
Town of Castle Rock v. Gonzales, 125 S. Ct. 2796 (2005)
Type of Action
The type of action in this case was in issue.
Facts of the Case
Jessica Gonzales the plaintiff in the case was a woman who had undergone some form of Separation. She and her husband were estranged and she managed to get a restraining order to keep her violent estranged husband away from her. The husband managed to disobey the restraining order and when she went to the police station complaining that her husband was violating the restraining order that had been issued by the court. One time, ...
The case under scrutiny is named as Echazabal v Chevron USA, Inc. This is a case about a legal tussle between a man called Mario Echazabal and the firm for which he used to work viz. Chevron. The reason why Echazabal decided to sue his employer Chevron was that his employment offer was rescinded due to direct threat reasons by Chevron. The company came up to such a decision because they came to know about the ill-health of Echazabal and also that it was getting damaged due to him working in the cocker unit of the refinery. Echazabal was ...
My Involvement In Resolving Construction Disputes And Alternative Dispute Resolution Case Study Sample
Disputes in the construction industry or in the process of honoring roles in a construction contract are not uncommon in many countries, a good of example which would be the United Arab Emirates (UAE) wherein the construction industry has been in a stage of boom for the past several years . Some of the world’s Mega structures and other fascinating architectural works are located in this Middle Eastern country. It is one of the largest exporters of oil and petroleum products and this country’s largest city, Dubai, is home to a range of spectacular and grand architectural works. ...
The issues in the following case are:
Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures.
Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?
Could the evidence (drugs and guns) be considered admissible in a court of law?
The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things ...
EEE, Inc. is Private Corporation that can be termed public as well. In such, corporations, the owners or shareholders are not liable directly to pay any dues or taxes. It is the corporation itself, which is answerable. Hence, the claim of Reid Ellis is based on a misperception.
Graham and Black
Under RMCBA a corporation has a distinctive feature of perpetual life, to continue as an entity forever. Hence, Black can appeal against the court’s decision.
Thompson and Green Machinery Co. versus Music City Lumber Co., Inc. & Music City Sawmill Co., Inc.
RMBCA terms a corporation as an imaginary person and ...
U.S. v. Waldon
The decision in this case is an affirmation of the United States Court of Appeals of the decision rendered by an inferior court concerning the death sentence of the appellant. The defendant sought the reversal of the death penalty passed on him by relying on some irregularities committed by the grand jury. The appellant claimed the trial judge acted contrary to the language used in the Federal Death Penalty Act (FDPA).
Facts of the Case
Waldon was the deputy sheriff at Jacksonville’s Sheriff Office (JSO). Between 1994 and1997 he served on the SWAT team. In April 1197, Waldon was ...
Every lawyer can prove that modern justice system is not perfect. There are such cases that can be tried for months and even years. When such a case appears, a judge might find it difficult to sentence a defendant. This case study is devoted to a thorough analysis of one of such cases – the case State of New Jersey vs. Sonney Pelham. The essay will be divided into several parts. The first part will contain a brief case descriprtion.The second part –mens rea – will be devoted to the issue of innocence of the defendant. The third part – actus reus- ...
Richard John BAKER and Another v. Gerald R. NELSON
John Richard Baker and James McConnell filed a suit against Nelson Gerald for failure to issue them with a marriage certificate to legalize their same sex relationship. Nelson Gerald was a clerk in Hennepin County District Court who and was mandated to offer legal marriage certificates. During the case trial, it was held that the petitioner was not supposed to be issued with a marriage certificate. The plaintiff contends that, the failure for state organs to include an express statute prohibiting same sex marriage meant that, it was not be ...
In the Supreme Court of US two states, Rhode Island and Massachusetts had disputes over boundaries. The latter claimed ownership for more than two decades, but later, the former challenged the ownership in the Court of Law. In 1962, the State of Massachusetts was supposed to own the territory, which stretched three miles along Charles River in the south. One year later, Rhode Island received a grant bounded by the same river, but to the southern line of Massachusetts boundary. Failure to issue an express order of the crown was because no one expected the boundary to lead to ...
Missouri vs. Seibert
The petitioner was a woman named Seibert. She was charged and convicted of second-degree murder for her alleged involvement in the death of a 17-year-old handicapped boy. Seibert son who had died earlier and to conceal evidence of parental negligence, she colluded with her other son to set her house of fire. She realized that if only her son’s body was found in the charred house, this would also suggest neglectful parenting and so, a decision was made to leave the 17 years old boy in the house too. The police became suspicious of her involvement and picked ...
Correctional Sex Offender Programs
There are several practices that are normally associated with correctional practices in the field of corrections. Several strategies have been set up to ensure that when inmates are serving time, they are able to undergo several programs that enable their rehabilitation. These programs are several and in many cases are different in nature. Some of these programs are health related, mentally related and physically related. Some correctional facilities offer social amenities such as the library services that help the inmates. There are correctional sex offenders programs that are considered best practices in correctional programs. A good example is the ...
According to a brief analysis, the rising issues of digital crime and digital terrorism requires training of law enforcement workers. In current situation, the law enforcement is not talented enough to handle the cases of digital crime and terrorism. There is no doubt in the fact that world is getting digitized every coming day so the knowledge of this world is mandatory in order to solve its issues. Following are eight forecasts which have been formulated after collecting data and analysis in many different situations.
Technology is changing rapidly and so are the ways to digital crime and terrorism. ...
Brief of Mapp v. Ohio (1961)
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals in Ohio, ...
A civil suit brought for violation of Title VII of the Age Discrimination in Employment Act (ADEA) and constructive discharge in violation of the Employee Retirement Income Security Act (ERISA).
Facts of the Case:
Andrew Terry, the plaintiff, is a white male who began working for the INS (Immigration and Naturalization Service) in New York as a Special Agent in 1976 aged 30. When he was over 40 years old, he was not selected for a vacant position of supervisory criminal investigator. He was not even on the “Best Qualified List” (BQL), even though he had 17 years experience compared with the younger ...
EEOC v. Watkins Motor Line Inc.,
The nexus between human resource management and the law lies in the fact that employers and employees must observe the law. In addition, the law steps in to protect the rights of the employees who invariably are the weaker parties in the employment relationship. In this paper, consideration is placed on the application of the Americans with Disabilities Act.
The case essentially turns on the interpretation of the anti-discrimination provisions under the Americans with Disabilities Act. It involves a worker, who previously served as a driver or dockworker. During his employment, he served ...
U. S. Supreme Court case
The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it.
A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) case. ...
United States v Williams, 553 U.S. 285 (2008)
A Secret Service agent engaged the defendant in an internet chat room after the latter posted a teasing message that hinted involvement of child pornography. The defendant also attached an uplink that showed children in sexually explicit poses. His house was searched revealing hard drives with images of children in sexually explicit conduct. He was charged with pandering under §2252(A)(a)(3)(B) and child pornography under §2252(A)(a)(5)(B) and convicted by the federal court, but the Court of Appeals reversed the conviction of the first crime ...
Security Concerns: Libraries
Personnel thefts, crimes against property are some of the major issues that are besetting building and facility administrators at present. Entities invest significant amounts in developing and acquiring technologies with the goal of enhancing security levels, safeguarding personnel, and resolving security problems. These technologies include burglar alerts, fire defense alarms, video monitoring systems, and illegal entry devices and systems. Operated by technically-proficient personnel, will be able to aid in decreasing property risks, reduce resource losses, and enhance personnel as well as visitor security (Schneider, 2006, p. 1).
The fundamental objective of competent layouts and space management for libraries is ...
Re: Client’s Sexual Harassment Case
Did the client’s interactions with the plaintiff including multiple requests for dates, talking in a sexually explicit manner, and a question, asked in quest, of whether she slept with a client in order to complete a sale amount to sexual harassment under federal or state law?
No. While client’s interactions with the plaintiff might be considered offensive or unsophisticated, under a legal analysis, they do not amount to sexual harassment.
The client has been sued by the plaintiff for sexual harassment. The client contends that his actions were genuine (he really would like to ...
Arguably, enforcement of immigration regulations and laws has and remains to be an overwhelming task in the context of the United States. This culminates from various factors that have and continue to jeopardize immigration enforcement. One of the primary issues that jeopardize immigration enforcement is the skewed immigration enforcement on the U.S. borders rather than in the whole United States context. Precisely, immigration enforcement has often been focused on the borders at the expense of the interior contexts of the United States. This is evident by more resources in terms of hours and staff that are allotted ...
Actively engaging in and even being an accessory of an auditing process that involves falsification or voluntary omission of required elements to be audited is not only unethical but also illegal. Most companies falsify their auditing reports so that they can pay smaller amounts in taxes and other expenses.
In Sue’s case, she is well aware that what her company is doing with its auditing reports is illegal because it is practically waiving the employee taxes that it should pay to the government by means of voluntary non-declaration or misclassification of assets and resources. Both the senior auditor ( ...
1a) FTC targeted POM wonderful because of misleading advertising of POM products which duped the customer. All claims made by the company ( a total of 36 advertisements were analyzed by the court) were related to serious health ailments such as prostate cancer, penile dysfunction etc. whereas experts held that all known information does not show any such beneficial properties in POM products (made of Pomegranate juice). The Resnick husband and wife and Matthew Tupper who was employed as the President were served with a “cease and desist” order for twenty years.
b) Here too, the respondents were charged with ...
Fraud is a common problem in the contemporary legal landscape. Most evident after the fact, it is one of the primary causes of the 2007-2008 financial crisis, sending the country into a recession not seen before since the Great Depression. And yet, there are regulations and regulatory bodies in place that are tasked with eliminating the practice of fraud in the financial sector. In particular, the Securities and Exchange Commission is tasked with the prosecution and enforcement of suits against fraudulent traders. The present case is fertile ground for discussion in this regard, dealing directly with the phenomenon of ...
Business Law Case Study
Was the appellant to compensation from the year 2009 up to 2011?
Oklahoma law provide for compensation but factors such as waiver and laches can defeat compensation claims .In this case, the appellant waived this right by prohibiting the appellant from exercising his parental duties over the child.
In deciding this case, the court addressed two issues. The act of remitting of maintenance by the appellee. The court noted that the appellant paid the maintenance for the child from the year 2002 to the 2009 despite the appellant claiming that there was no child during their marriage ...
Business Law Case Study - Case No. 110,936
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.
Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with compensation ...
Business Law Case Study - Case No. 112,063
1.Was the appellee entitled to a reimbursement of the maintenance costs he had paid to the children welfare?
2.Did the trial court have the authority to modify an administrative order?
Oklahoma Laws provides that a trial court has the authority to amend an order that it has made if new fats that warrant its amendment are discovered during the hearing of the case.
The appellate court addressed the issue regarding absence of a hearing notice .The court stated that if the appellee had been served, he would have the opportunity to present his argument that he was not ...
RE: EXPRESS OF NO MERIT ON THE CASE FILED BY SOFIA LUI’S FAMILY
The question I raise is that, was Uber system responsible for the death of Sofia Lui, and was the case filed by Sofia’s family has any merit?
According to the arguments raised by the plaintiffs, Sofia Lui family represented by Attorney Christopher Dolan; there is no evidence linking Uber System to the death of Sofia Lui. The driver in contention was a contractor who had been given a job by Uber System but at the moment of the accident, the driver in mention did not have any account with the company. Mr. Muzaffar, the driver, was ...
Step 1: Identify the dilemma
James is a community counseling student and an intern at a local university. Recently, he began working with Lisa a 21-year-old female who presented symptoms associated with depression. Lisa disclosed experiencing physical abuse from her mother’s partner. As a result, she drugged him, and he later died. The decision to diagnose her or not is a dilemma. Lisa has told her counselor something that she had never disclosed to anyone. Referring her to another counselor would make her uncomfortable, and she could decide to give up on counseling.
Step 2: identify the potential issues involved
There are three issues involved. First, a legal matter because ...
Assuming That Legal Authority Was Not An Issue, Should Vpd Personnel Or A Multijurisdictional Case Study
A chain of eleven random explosions has taken place in an area that traverses two states and seven counties. The random explosions resulted in five deaths, 32 injuries and significant property damage. In all eleven cases, the explosions were detonated remotely. The Virtual Police Department of Maryland (VDP) will be the lead investigative agency because the first three attacks were within its jurisdiction. Two suspects were recognized and arrested, one adult male and the other a teenage male. Search and seizures were exercised, and both subjects confessed to their respective roles in the collective crime.
- Model: Investigative Taskforce
I will rely on 22-2403 regarding second-degree murder
I will also rely on the evidence presented by an expert in Battered woman syndrome, Mrs. Dominique Stephens and a doctor, Sidney, who works at the emergency services. Mrs. Dominique’s evidence will show that she has been suffering from battered woman syndrome. The expert witness in battered woman syndrome will corroborate Dominique’s evidence and proof that she was suffering from the syndrome at the time when she shot her husband. The expert studied the defendant for one month and affirmed that she is suffering from battered woman syndrome. His ...
A contract is either forceable or unenforceable.For it to be enforceable and valid, it has to meet certain elements: offer, intention to create legal relations, acceptance, and consideration (Beale, 2002). Without any of these elements, the courts will not enforce the contract. However, several reasons ensure that a contract cannot be enforced: duress, misrepresentation, unfair terms and undue influence. In the facts given, each person has their merits, strengths and weaknesses. To analyze the position Steve is in and whether he stands to win any legal action brought against, each case will be analyzed separately, giving the merits ...
The defendant Landri consumed alcoholic drinks in a party organized by his employer Marriott International. The employee drove safely to his residence but was involved in a ``tragic accident” that resulted to the death of Dr. Purton.
The plaintiff’s family sued the company demanding that he is responsible for the harm caused by Landri his employee. The company argued that it was not liable because Landri committed the accident after arriving at his residence and sought for summary judgment. The trial court ruled against Purton’s family and they appealed to the appellate court.
The appellate court ruled ...
Fisher V. Dees was a case in appellate court pitting Marvin Fisher as the appellant and Rick Dees as the appellee. The determination of this case had serious implications on the fair use of intellectual property as defined by the copyright law in America. This paper ventilates on the on the facts involved in the case, the consideration and holding of the appellate court and the implications of the holding in the music and entertainment industry.
Facts of the Case
The following are the facts that were considered in the determination of the case. The appellee in the case sought permission from the ...
In any undertaking or transaction, it is essential that the parties are guided by law. Contracts play the role of binding the parties to an agreement that they are obligated to perform some task. Basically, a contract refers to an agreement between two or more parties. The enforceability of a contract in a court of law is essential in that the parties to a contract can get a remedy if the other party fails to perform their duties. A typical contract should have an offer, acceptance and legal relations (Beale, 2002). These are necessary for any contract to be ...
The court applies the provisions of the industrial law in reaching the opinions and judgments reached in this set of cases. There are certain important definitions and terminologies used by the court in reaching the opinions hence the courts evaluates them comprehensively to determine the direction of the case in relation to the plaintiff and the defendant. An example of such terms is major changes. In the matter of Kevin Lane, Aleksander Argirov, and James Koehn versus Arrowcrest Group PTY LTD, the court comes to several conclusions based on the facts availed in each instance. The company ...
Good Example Of Case Study On Olsons Grounds Were The Facts That The Votes Were Recounted Unevenly Under Different
A case brief of Bush v. Gore (2000)
The case of George W. Bush, et al v. Albert Gore, Jr., et al (531 U. S. 98, 121 S. Ct. 525), familiar as Bush v. Gore was a disputable one, and was heard on December 11, 2000. The case determined the results of the presidential election in 2000. By court’s order (7-2), the ballot recount that was conducted in certain counties in Florida, was stopped due to the absence of approved standards. The Court declared (in 5 – 2 vote) that there was no sufficient time for establishment of new ...
The project is a program that will be used to inform the clients of the legal requirements for the work that they will be performing. It is a program that will help Max Lionel Realty to ensure that the clients obey the legal bindings and the requirements that will help them to develop a good working relationships with the clients. It will also help the clients to develop professionalism and working trust with MLR.
Goals and objectives
The goals of the project is to have a program that will enable the MLR Company to have efficiency and reliability in professionalism and provision ...
(Name of Professor)
U.S. Supreme Case of Shelby County v Holder
Shelby County v Holder is a landmark case involving the Supreme Court ruling declaring the provisions of the Voting Rights Act of 1965, particularly sections 5 and 4 (b), as unconstitutional. Section 5 of the said Act requires the local government to get a pre-clearance from the US Attorney General or three judges acting as a panel of the US District Court in Columbia prior to changing the laws on voting to ensure that the new law will not result in the denial of the right to ...
With the rash of mass shootings that are frighteningly rising in America’s schools and streets, the issue of gun control has once again been thrust into the societal limelight. The fact that “loose guns” are finding their way to nefarious elements is an issue that is being debated in society as well as in legislatures. And in any debate, there are two sides that are aggressively seeking to gain the “upper hand” in presenting their cases to the public, and ultimately, sway public opinion enough to influence the manner that laws are drafted. One of these sides ...