Essays on Common Law

The provision of quality healthcare whose value matches the health and safety needs of patients remains the biggest challenge for most health care organizations and centers. With dynamics in the healthcare sector and the introduction of healthcare legislation such as the Obama Care Act that emphasize on the provision of quality and equitable healthcare to consumers of healthcare services, most healthcare organizations have had to device strategies and come up with initiatives for ensuring quality in healthcare delivery to patients. Višnjić, Veličković and Jović (2012) define quality healthcare as one that meets and satisfies that health and ...

Under the Constitution, the legislative branch checks the power of the executive branch in four fundamental ways: advise and consent relative to presidential nominations; control of the federal budget (U.S. Const. art. I § 7-8); the ability to pass legislation and override the President’s veto (U.S. Const. art. I § 7); and power to remove the President from office through impeachment proceedings (U.S. Const. art. I § 3). In the case of the judicial branch, the Constitution allows the court to determine the constitutionality of the executive branch’s actions. (U.S. Const. art. III § 2).

How does the doctrine of stare decisis contribute to the interpretation of common law?

Consistent with the common law tradition, ...

Business Torts & Ethics

Standing alone, the intruder is liable for his or her actions. The intruder is liable for a number of crimes independent of the landowner’s liability. While the landowner may be held liable as well, the intruder is most definitely liable for his intentional torts committed against Darryl and Sharon. Simply because the intruder committed the torts on the landowner’s property does not excuse the intruder from personal liability. The intruder is potentially liable for a number of different torts. The intruder can be charged with burglary. While burglary is a tort, not a crime, the intruder has ...

Change of Business Entity

Introduction Starting a business as a sole proprietor has its advantages and disadvantages and with development, it is normal for entrepreneurs to consider converting to other business types that have better terms. Some of the primary benefits of this sort of business include; the owner has full control of the company operations, can sell or transfer ownership, and does not incur tax whatsoever. Furthermore, the entrepreneurs spend less on acquiring the legal documents as compared to the other types of business. However, entrepreneurs operating in sole proprietorship are held responsible for any business debt or liability unlike the other ...

The areas covered by the lecture contractual agreements under common law. The various topics covered in the lecture for contracts include the purpose of contracts, elements of contract law, terms of legality of a contract, how to identify a legally binding contract, the factors that make a contract valid, factors that render a contract invalid, who are eligible to enter into a contract, who cannot enter into a contract, and the damages involved in violating the terms of a contract. The lecture also covers the tort law. This part of the lecture constitutes to the identification and successful litigation ...

Abstract

This paper will discuss the emergence of national security policies and laws in the aftermath of the 9/11 terrorist attacks. Prior to these attacks, there was relatively little coordination between different government agencies and branches with regards to counterterrorism. But the 9/11 attacks led to significant changes. All three government branches are highly involved in national security measures and interests. Congress responded by passing very important statutes to augment the government’s authority to conduct and investigate terrorist threats and apprehend suspects. These statutes reflect the practical difficulties of apprehending and prosecuting terrorists. Terrorism is unique in that if ...

Business and Employment Law

Question 1 3 Issue 3

Application 4 Conclusion 5 Question 2 5 Issue 5 Law 6 Application 7 Conclusion 7 Qustion3 7 Issue 7 Law 8 Application 8 Conclusion 9

Bibliography 10

Question 1 Issue The main issue in question is whether the exemption or exclusion clause that was incorporated in the contract between Jag and ED can have any effects on Jag’s possible right to sue ED for the loss of his garden. In this contract, it was specifically states that the supplier would not be responsible for any loss or damage caused by any products sold, which in ...

Corporation Law

Corporations Act of 2001 In the Section 131 of the Corporations Act of 2001 with regards to the ‘Contracts before Registration’ clearly states that “If a person enters into, or purports to enter into, a contract on behalf of, or for the benefit of, a company before it is registered, the company, or a company that is reasonably identifiable with it, is registered and ratifies the contract: a. within the time agreed to by the parties to the contract; or b. if there is no agreed time – within a reasonable time after the contract is entered into1 ” (WIPO 2013). ...

Sources of Law and areas of Law in Common Law Countries

Notion of common law and its features Common law has its origin in XI century and now exists in the USA, Canada, UK, Australia, New Zealand. This system law is regarded uncodified and is based on the case law as the main source of the interpretation of the rules. This statement implies that cases considered by the courts in the previous years should be respected and taken by the followers as the examples of notorious behavior accepted by the society. Therefore, the system of common law accepts the pivotal role of the precedent in the society. Besides, the common ...

- Introduction

1.1 Background developments

Traditionally, accounting standards have been developed by different countries on the basis of local legal, economical and cultural institutions frameworks (Elliott and Elliott, 2009, p. 158). As a result, the standard setting was very country specific. With the globalization process at work for the last 3-4 decades and increasing mobility of capital internationally accepted accounting standards have become necessary to facilitate cross border transactions and make financial reporting comparable between countries and companies thereby leading to a greater transparency for investors (Nobes, 2004). IASB has been set up as a private international standard setter with a mandate to create high quality accounting standards ...

The scenario as set out in the question is one that has to be looked into keenly, critically identifying and isolating the various relevant events that directly or indirectly impact on the relevance and admissibility of evidence discovered and/or obtained at a crime scene. This paper intends to identify the relevant events with regards to the collection and/or obtaining of evidence relevant to the scenario and state whether each piece of evidence obtained is admissible or inadmissible; and backing up the various arguments with the relevant provisions of the United States Constitution, case law and statutory positions on the subject ...

Intention and knowledge of a crime cannot be of the same type of mens-rea. For example, murder and culpable homicide are intentional and knowledge based respectively. The intention based mens rea places mental element of murder foremost as an intention to cause death. At a lesser degree is an intention to cause a specific bodily injury which the offender knows will cause death of the victim. This is almost the same as the mental element for murder as the offender knowingly causes the bodily injury that it can cause death. As such, the offender is liable to be convicted for murder. Next ...

Introduction

Comparing stock exchanges from two countries at different stages of economic development is an interesting case, because it can show what aspects of capital market theory have universal application and what the limitations are. In addition, recommendations could be made for a developing country, based on the example of the developed one. With this perspective, the report reviews the business and regulatory developments of the Nigerian Stock Exchange (NSE) and the London Stock Exchange (LSE) as well as assesses present challenges facing them. All stock exchanges function within the economic, regulatory and general institutional frameworks of their countries, therefore a brief ...

How the English-Speaking Peoples Made the Modern World

“Inventing Freedom: How the English-Speaking Peoples Made the Modern World” is Daniel Hannan who is serving in the European parliament as a British member. Hannan is a politician who is known for his conservative faith on various issues. He is also a known author and journalist and has authored several books and articles. Hannan is a staunch supporter of localism and he expresses similar views in abovementioned book. This paper intends to discuss Hannan’s book and further examines his idea of Anglosphere along with discussing other related aspects of the subject.

Hannan believes that British imperialism was for the good and ...

Introduction to Part II

Welcome to Part II of the Research Assignment for HIST 105. In Part I you used contemporary primary sources (an e-newspaper article) and tertiary sources (encyclopedias) to help select and learn about your chosen contemporary issue. You analyzed these sources, learned how to properly cite such sources, and used them to create initial research questions. In Part II, you will begin to investigate the historical roots of that contemporary issue using secondary sources. More specifically, you'll be locating a monograph, or full-length book. After you've completed Part II, your instructor or your teaching assistant will reassess ...

In the case of Nova Mink v Trans Canada Airlines , the High Court ruled that airplanes that are governed by the Air Traffic Rules which are ruled by competent authority shall be subject to common law duties of care, unless otherwise excluded by legislation that expressly provides for an exclusion. This is regardless of the fact that they cover a wider range of mobility, both in vertical and horizontal settings. In the case of aeroplanes, they cannot be analogous to railways since the latter is excused when operating in accordance with statutory rules including accidents which occurred in level crossings ...

The constitutional amendments and the court rulings among the American institutions in matters regarding abortion have led to multiple reactions among the people on the stance of the government. The restrictive aspects of the abortion policy define the nature by which the people regard the abortion policies. The Obama health care bill provides for only elective abortion meaning not all the people with an insurance cover can undertake abortion. Court rulings have not left the issue to chance as with a number of cases having no favor for abortion. The most notable decision was in the case of Roe vs. ...

The term de minimis is an abbreviated form of a Latin term “de minimis non curat lex” which loosely states that the law does not care for small things. It refers to the legal doctrine where a court adjudicating over a matter refuses to be drawn into trivial matters or to consider petty matters. This common law concept was expressed in the English decision of the “Reward” in the year 1818 and also restated by Justice Robert Seigmann of the Illinois Appeal Court in the case of People v Durham.In a law suit coming for adjudication, the court applies this doctrine ...

Business law

The tradition of common law emerged during the middle ages in England and was applied across continents within colonies. The common law is based on judicial decisions and exemplified in the reports of previously decided cases which has continually been administered by the English courts of common-law since the Middle Ages. The common law is largely uncodified; implying that there is no ample compilation of legal statutes and rules. Although it relies on some disseminated statutes; legislative decisions, the common law is heavily founded on precedent. This implies the judicial decisions which have been made in previous cases. The ...

Compare and contrast Legal traditions

Common law criminal procedure in Japan majors mainly in national level territorial jurisdiction. It is governed by the principle source of the code of criminal procedure and rule of criminal procedures. In the U.S. the common law criminal procedure plays a major role of set guideline and rule that are to govern multiples of proceedings that would enable the judiciary to enforce the criminal laws. Criminal code on the other hands are used to outline the federal crimes with the help of the federal rule set to to dictate the procedures required to conduct a specific criminal trial (Katz, 2006).

Civil ...

Sales and contracts

In the business world, some companies to lease goods from the businesses that have already purchased the goods rather than purchasing themselves. Leasing basically involves the transfer of possession from one owner to the lessee. The rights of a person are different from the rights of a person who have purchased the goods. The lesser of good have the right for the consideration and the good have to be returned at the end of the lessee period.

A merchant is an important person under the uniform commercial code. In article two of the UCC; it is clear that merchants are very ...

Question 1

Jurisdiction is a term used to define the powers of a court. Personal jurisdiction refers to the power of a given court to give judgments against a particular defendant while subject-matter jurisdiction refers to the power of a court to hear and make judgments on a particular type of case (Chao and Christine, 9). Parties to a contract have considerable freedom in formulating terms of a contract. This includes resolution of disputes arising from the contract. Minimum contract law can be used to determine if a court in one state has personal jurisdiction over a defendant from another state. The relevance of the minimum contract rule is that it ...

Statutory interpretation is the process by which courts and judges give meaning to enacted legislation and consequently apply it to a particular case. In the English as well as the Wales legal system, the doctrine of separation of powers prevails whereby Parliament is the supreme law maker. The Executive is charged with the responsibility of implementing the legislation as passed by Parliament while the Judiciary is the final arbiter which interprets legislation as enacted by Parliament. Thus, in tandem with the doctrine of separation of powers, the courts must keep within their ambit and ensure they do not arrogate to ...

Australia and New Zealand are in a unique part of the world. They are both fairly isolated, and the nearest countries to them tend to be much worse off socioeconomically (Papua New Guinea, for example. Many factors have contributed to their uniqueness over the years.

Firstly, due to their isolation, they both have very unique biodiversity. Australia, in particular, is known for its marsupials, such as the Kangaroo, the Tasmanian Devil, the (extinct) Tasmanian Tiger, Wallabies, etc. New Zealand is also famous for its unique animals, most famously the now-extinct Dodo bird. It is also of note that early humans ...

The law of property act of 1925 is among the Acts that were designed as part of the integrated legislative program initiated by Lord Chancellor Lord Birkenhead between the year 1921 and 1925 (Beale Jr. 1907). This piece of legislation primarily concerns itself with the transfer of property. In law, the word property is synonymous with the word land. There are many reasons that explain why land is the most fundamental kind of property in society. The provisions relating to the law of property are principally concerned with the transactions on matters of land, most prominently leases and deeds. ...

A contract is a legal agreement entered by two or more parties all having legal responsibility to undertake. Once two or more agree to perform an agenda, they either put themselves into an oral or written obligation. Failure to meet the agreement known as a breach has a penalty that the breaching party incurs. Oral contracts are used for social agreements such as preposition bets where the obligation is not serious. Written contracts on the other hand serve as a crucial document when it comes to businesses, governments and unions in which have significance impact on the parties involved. This is because oral ...

The step-wise process by which the “infield fly rule” evolved

The origin of infield fly rule cannot be separated from the origin of baseball. The first organized game of baseball was played in1845 by Knickerbocker Base Ball Club from New York. The rules at the time allowed the game to be played by gentlemen i.e. rich men only. The objective of playing the game was not to win but to exercise. The initial attitude of the game resembled that of British cricket spirit. This attitude could not overcome the challenges of the unwilling soil of New York. Baseball grew in reaps and bound in the years that followed its ...

Introduction

Security is any effort taken to ensure protection of persons or property from harm or any form of destruction. The concept of security evolved as the society evolved over time. In the old ages, security was only an issue of personal safety, but as societies became more complex so did the introduction of property and ownership. Property has evolved be anything from digital property to money, valuables, corporations and intangible property. This complex ownership structures present new security concerns. While in early ages the society relied on unwritten behavior and rules to exert security, this has since changed to ...

Whether to rely on Dicey’s doctrine is subjective as there are as many reasons against it just like reasons for. It is a mixture of behavior most likely in line to support the view that, “there is no good without harm”. Whatever the Diceys doctrines hold is as much fundamental to the current constitution. It is therefore important to evaluate the strength of this doctrine in regard to the prevailing circumstances.

AV Dicey just like other scholars like Erskine May played an important role in coming up with British general law. In particular Dicey in his book, An ...

Part A

Facts In the following case, two persons purchased a defective smartphone Samsung S4 and experienced the same overheating problem. Ashley Adams left his smartphone plugged into electric socket. When he returned, he found out that the phone had overheated and exploded, burning the bed sheet. An independent expert stated that overheating occurred because of the defect in the phone. However, Samsung, after a technical investigation found signs of internal corrosion on the circuit board and charger port, which was caused by liquid contamination. Samsung stated that liquid contamination could in rare instances cause the overheating of charger port. ...

Introduction

Business ownership and management play a vital role in the progress and development of a company. Certainly, there are different types of entities that follow particular policies of formulation and establishment. The Acme Fireworks is a special type of company considering changing its entity from the sole proprietorship. There are special laws that govern business contracts. Primarily, Acme will have to choose whether to go for those contracts governed by the Uniform Commercial Code (UCC) or the Common Law. The new business relationship that the company will enter requires a change in its entity formation, particularly because of the consideration of the laws. ...

Dicey was an incredibly important figure in the development of the Rule of Law in contemporary Britain. The Rule of Law, in a modern context, has been developed through many different societies; however, the liberal understanding of the role of government and law in British society today is very much the result of Dicey’s philosophical input. Dicey suggested that individuals cannot be punished in any way unless they have committed some sort of transgression against a law that has been established by the rightful government and Courts in the realm. Dicey also suggested that an important characteristic of the Rule ...

Section 1- Primacy Source Reading

Part 1- Hammurabi’s Code Hammurabi’s Code is a set of 282 laws. It was written in approximately 1790 B.C. and is one of the earliest sets of law known to man. The code was enacted by Hammurabi, a Babylonian King. The physical code itself was discovered by archeologist Gustave Jequier in 1901 in modern day Iran. The code is carved into large rock slabs, called steles, standing roughly seven feet tall. The laws of Hammurabi’s Code were clearly inspired from the idea of “an eye for an eye”. For example, law 195 states that if a son ...

As debates continues concerning gun laws and the amount of violence in the United States, many citizens have voiced increasing concerns about personal safety and the amount of force that is considered to be justifiable when faced with threats of violence or death. As a result, Stand Your Ground laws have been enacted in many states to establish the legal boundaries the rights afforded to individuals to protect themselves from imminent threats. The legalities provided by the Stand Your Ground laws gives pause to reflect on are laws of this nature necessary in this ever-changing world or do these laws ...

Issue: The case of Molly and Shane submits the question whether the New York Surrogate court must recognize their common-law marriage, established in Michigan twelve years ago, and what should be the consequences after that marriage is ended. Rule: The Rule that has to be applied to this case is the text grounded in Article IV, Section I of the United State Constitution, known as “Full Faith and Credit Clause”. Application: Molly and Shane lived together for twelve years in Lansing, Michigan. During that period Molly and Shane referred to each other as “my husband” and “my ...

Vs Frederick Friesenhahn, Nancy Friesenhahn and Todd Friesenhahn, Appellees (911 S.W.2d 113)

Summary of Facts

This is an appeal arising out of a judgment delivered by the District Court in Bexan County in the United States whereby a summary judgment was awarded in favor of the respondents. The Parents of Sabrina a minor who was involved in a car accident and died as a result, brought an action against the parents of a fellow minor who had organized the party which she was from when the accident and death occurred. Their claim was based on the fact that the deceased who was a minor was intoxicated on ...

Law

Arrest can be regarded as a form of deprivation of liberty of a person, which is a guaranteed right under the Constitution. This process shall deal with the use of force by the police officers that may result to a humiliating and demeaning course of action. Arrest has been regarded as a de facto punishment since it is done even before any trial proceeding takes place, and prior to the sentencing process which provides for punishment. Under the present rules, arrest can only be done by the police as a measure of last resort, after all other options had been exhausted. In the decision ...

Introduction

Some patients, especially those facing life-threatening illnesses, choose to avoid certain procedures or treatment or medication and may leave the hospital or clinic before they are treated. Regardless of this, it is the role of discharge staff to make sure that these patients are well-informed and that they are willing to pick a particular course of action by their own free will. Informed consent is based on the common law, which has the basic idea that all adult human beings have a right to determine what shall be done to their own bodies. Patient consent is the permission, which must be ...

Should Punitive Damages Be Introduced in International Law?

Introduction Different countries often have different legal policy in both their criminal and civil law systems. These differences often arise from differing social, economic, and political climates that lead to fundamental policy differences. In the area of civil the law differences in legal systems of different countries often reflect the individual countries’ beliefs as to the types of claims that should be recognized. Furthermore, legal systems across the globe often differ about the types of damages they are willing to recognize. One area in which there is a significant difference in the type of damages one can be awarded ...

Introduction

Privacy law is a vast area of law that encompasses many things from data collection and security to photography. Although there is no specific United States Constitutional Amendment which guarantees the right to privacy in the same way that the right to free speech and the right to bear arms is guaranteed in the Bill of Rights, the right to privacy is presumed from the interpretation of other rights guaranteed by the Constitution primarily in the Ninth and Fourteenth Amendments. Furthermore, a number of state and federal laws have been enacted to protect the privacy of individuals. Similarly, a significant percentage of ...

Question 1

First, the meaning of a statute must be established. This must be done from the language in which it is outlined. To begin with, it is the duty of the judges to give effects and ascertain the intent of the legislature in approving the statute from the language because this could ease their efforts of deriving the legislative’s intent behind the statute. In cases where the legislative intent is apparent from the statute language, the judges have a duty to apply the laws on its face without using case law to determine the purpose and intent of the statute. Conversely, ...

Scenario One

Sebastian commits this offense when he dishonestly buys business class tickets with the intention to sell them. Evidence of further dishonesty is illustrated by his travelling in economy class while the company records indicate that he travelled in the business class. Though no harm results to the company, the case of Attorney General’s Reference (No.3 of 2003) held that the key determinant in the offense is the conduct, not the results. Accordingly, Sebastian has committed the offense regardless of the outcome of his conduct. However, it may be difficult to prosecute Sebastian; because his official capacity at ...

Business Ethics Antitrust Law

Business Ethics Antitrust Law

Introduction

The antitrust laws aim at ensuring that all businesses in a given market play by the same rules. This is so because businesses in a free market may achieve the near-monopoly status via their own merits such as creating better production processes, offering the best quality service and decreasing costs among others. However, antitrust laws set vivid boundaries for fairness in the business by prohibiting practices that control free trading. It also restrains dominant firms from abusing their market position. The antitrust laws offer regulatory review of business mergers, acquisitions and joint ventures to ensure they do ...

Scenario One

Sebastian commits this offense when he dishonestly buys business class tickets with the intention to sell them. Evidence of further dishonesty is illustrated by his travelling in economy class while the company records indicate that he travelled in the business class. Even though no harm results to the company from his actions, the case of Attorney General’s Reference (No. 3 of 2003) held that the key determinant in the offense is the conduct, not the results. Accordingly, Sebastian has committed the offense regardless of the outcome of his conduct. It is however imperative to note that it ...

Generally speaking, the doctrine of eminent domain relates to the power of the sovereign (or government) to acquire private property (Paul, 34). The government can exercise the power itself or delegate it to its assigns. Other terms used synonymous to it include appropriation, condemnation, compulsory purchase/acquisition, and expropriation. The underlying philosophy of the doctrine is that the government requires the property for public use. The doctrine has a long history and as will be demonstrated, it has changed over time and to some extent deviated from its original intent. These changes have elicited scholarly views as to the necessity of ...

The constitution remains emphatic on the need of freedom of speech in a democratic environment. Citizens need the right information to enable them perform their civic duty. The freedom of expression promotes individual self-realization and remains essential in the search for truth (Laraia, 2009). People’s freedom of speech enables them to participate in shaping the public affairs of a country. Failure to provide this right of freedom of speech a free society can fall in a retrogressive regime. Curtailing the freedom of speech can negate them the opportunity of making their contribution in the society. Prior restraint suggests government restrictions on ...

“For the time being and notwithstanding the various challenges to it parliamentary sovereignty remains formally intact as a matter of law.” Discuss the above statement. What is the significance of parliamentary sovereignty to the UK constitution and has the doctrine has been weakened by constitutional changes?

Introduction

The principle of Parliamentary sovereignty is based on the notion that Parliament represents the will of the people. The courts have upheld the view of the sovereignty in the past more than 350 years. The above statement in the title refers to the dilution of the concept of Parliamentary sovereignty with the advent of ...

Please pick one change you would like to make to the constitution, draft an amendment and explain why your amendment will be beneficial The clause that excludes all people who do not have a United States born parent or who do not have the so-named natural born Americans bothers me a great deal. This status is one of the requirements that an individual has to meet before running for the presidency in the country. The eligibility requirements are set for two offices, the president and vice president’s office. However, the constitution does not classify the natural born citizen phrase ...

The case of Marbury v. Madison

The American legal system is Anglo Saxon and significantly different from the continental legal system, with much broader powers of the Supreme Court, which does not recognize the justice of other countries. The American judicial system is known for being based on the case law, and because of the time the Supreme Court had more weight, while at the end of the judicial power did not become competent to say what law is. The entire American public sovereignty is divided into three mutually independent, equitable, and consistent powers. Framers of the Constitution are, insisted on the independence of ...

The case Praesal v. Johnson. - Issue This case revolves an accident that saw Terri Lynn Praesel die due to Ronald Peterson fault that had an epileptic confiscation. The issue revolves the claims by the Praesel’s family that argues that the doctor who knew about the recent Peterson epileptic illness failed to notify the authorities that Peterson should not drive. As a result, her husband and mother filed a case against three of the victims physicians namely Dr. Raymond Johnson, Waller, and the Sadler Clinic. They felt that these physicians acted negligently due to their failure to warn ...

The Situation

Regarding the chance hypothetically that you enter into a contract agreement with a job it is important to be aware of what this contract is legally binding you to. In this situation the contract in question will be regarding the fabulous hotel that hired a person as a head chef with a two year employment contract. When those two years were complete another job offer at a different hotel is presented to this person but there is one problem, and that is the employment contract at Fabulous hotel that was signed stated in it that, “The below-signed agrees not to work as a chef for another ...

Introduction

This objective of this project is to research the quality of accounting information as well as the factors facilitating and inhibiting it. In the absence of encompassing accounting theory (Belkaoui, 2005, p. 193), the quality of accounting information may be understood in different ways, therefore this report will be guided by IFRS Conceptual Framework which states that the main qualitative characteristics of financial reporting are relevance and faithful representation (IFRS Foundation, 2011, p. A25). Relevance of the accounting information is generally construed as its usefulness for decision makers that have an interest in the reporting entity. However, things of ...

Assignment # 1

The most appropriate charges for Mason and Wooster are imprisonment. Imprisonment would work for them since they are young people whose behavior is easy to mend by instilling fear in them by jailing them and introducing them to the other hardcore criminals for their behavior to be streamlined. The involvement of the hardcore criminals would be to the threaten Mason and Wooster as molestation is common in jails. The code section that applies here is theft under chapter 15. It is most applicable as they would acquire the products would harm the owners business wise. The common law applicable ...

The United States district court for the District of Columbia is a case that was brought against Anheuser-Busch InBev SA/NV (ABI) to oppose the acquisition of Modelo group by ABI. It was brought up since the government felt that the proposed merger was violating the law through illegal ownership or acquisition of another firm. In addition, the government felt that the acquisition was threatening fair competition in a free market, and the consumers would suffer most as a result of the merger.

Facts to the Case

- The case involved two beer companies in the United States, which were ABI and Modelo Company. The two were ...

Arunabha Banerjee

Senior Associate, Corporate & Compliance Solutions, Thomson Reuters Abstract With the advent of technology, the level of invasion into the territory of our individual privacies has increased significantly. Fancy gadgets have crept into changing rooms, lockers, washrooms and in some cases public places to record the most intimate acts, which when revealed would embarrass any victim. In spite of the best efforts of the state legislators, the laws do not sufficiently address the core issues. Even the judicial pronouncements lack sufficient foresight in laying down the gauntlet for the peeping toms. The situation is clearly calling out for ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory. It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

Introduction

The USA criminal justice system refers to all the local, federal and state public agencies that handle all crime-related matters. The agencies treat suspects, defendants, and even convicted criminals. All the bureaus are interdependent as the decisions of one agency affects the other agencies. The major components of the justice system include the courts, police departments, and the correction facilities. Moreover, the fundamental structure of the system stems from the judicial, legislative and executive wings of the government. Assess the Impact of Globalization on the U.S. Criminal Justice System. Globalization refers to the integration of various global ...

United States and China

I. Legal System The United States criminal legal system is based on the British Common Law system. Common law refers to those laws that are created and imposed by judges in the absence of specific a specific code or applicable statute defining the law (LaFave, 2000). Accordingly, during the early years of the nation when a judge was faced with a criminal activity that was not covered by a statute, he would use precedent, or refer to the decisions of similar cases, for guidance. Absent statute and precedent, the judge would simple use his best legal, professional and personal judgment to make ...

In the present case, Capability Ltd has given a document which was titled as ‘Memorandum of Terms’ and at the back of this document; two clauses have been inserted by a rubber stamp. Therefore the first clause states that the company is not responsible for any personal injury that may be suffered by the customer by performing the contract. In the same way, according to the second clause, the liability of the company for any damage that may be suffered by the home of the customer is limited to the sum of 500 pounds and at the same time it also ...

Introduction

In the united states, each state has the authority to enact its own laws. The state laws are only applicable to the matters that regard a specific state in which the state has the jurisdiction. However, the federal laws apply to all the states. This in some sense works well for all the states. However, there was a need to create uniformity in the laws among the states that was desirable to all. According to Hermann (56), this led to the enactment of the Uniform Commercial Code act. One of the chief functions of the Uniform Commercial Code is to ensure ...