Essays on Injunction

Introduction

The English legal system is based on elements of the Christian Bible and its tradition. This comes with some moral concepts like lying about other persons and spreading false information. Defamation is made up of libel and slander. Whereas libel is a false and damaging comment written down, slander refers to such a statement spoken orally. The purpose of this paper is to conduct a critical analysis of the concept of defamation and how it relates to media law.

Basically, every human being has a right to a reputation. Reputation is a kind of personal right that embodies a ...

History

Introduction The Marshall Trilogy refers to the three landmark cases that became the foundation of today’s context of tribal sovereignty. Chief Justice John Marshall played a significant role in the formation of federal Indian law and most specially the American legal system. The Marshall Court made important decisions that shaped the frameworks o the federal Indian law. The three cases relate to land issues asserting the Doctrine of Discovery, fight of removal, and control of activities in the Indian land. The discussion will explore the context of the Marshall Trilogy articulating the cases of Johnson v. M’Intosh, ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

Procedural History: The National Football League (NFL), alongside other 32 separately-owned NFL teams sought a stay of order from the appellate court following an order from the state district court of the district of Minnesota enjoining lockout of players following an expiration of collective bargaining agreement (CBA). The order had far-reaching implication on the national football league as most of the team members of various clubs will not participate in the next matches as their contract expired. NFL was going to suffer a massive loss which according to the management of the league, the loss will not have any ...

Introduction

Sexuality refers to sensation and linked closeness between two human beings. In psychological terms, sexuality is the way through which people make an expression of the completeness of love between a woman and a man. In biological terms, this is the means through which the conception of a child occurs and the ancestry is passed over to the next generation. The purpose of this paper is to look at the issue of public expressions of sexuality concerning the law in the United States. In this paper, is going to be established that public expressions of sexuality in the United ...

CONTENTS

Abstract 3

Discussion 3 What the Advocates of Privacy Say 4 What the Advocates of Public Possession Say 5 Conclusions 6

References 8

Abstract Autopsy is one of the most sensitive issues in the today’s law enforcement agenda. Thus, despite the fact that the foundations of the rights to privacy of a victim and the relatives are strongly protected in the United States of America, several recent reports found that post-mortem autopsy photos is a powerful solution for refuting wrongful official conclusions. In other words, while the proponents of a public disclosure system are vigorously advocating the idea that the ‘public ...

Reaction paper

Main thesis and arguments of the authors include the common law nuisance. The author presents the case Boomer v. Atlantic Cement Company from a year 1970. Author is describing a case where public expressed concern about the Atlantic Cement Company of producing air pollution, vibrations and heavy dusts before the court. The government has the necessary financial power, but technical procedures regarding the matter are not yet fully developed. The author presents that the air pollution investigation is involving the economic impact as well as the impacts on the public health. In the case of air pollution solely the ...

Introduction

Human Resources policies have played an essential role in the success of an organization. It is important for any organization to plan its HR policies according to the laws and regulations that govern it. Before the formation of National Labor Relations Board, labor unions use to play an important role in protecting the rights of the employees. The NLRB took over the labor union by establishing several laws developed by the federal government to safeguard the rights of the employees. These laws help to protect the employees from injustice as well as provide the employers with regulations that may ...

The Court of Appeals should reverse the district court’s decision, and grant to Ms. Eriksen a motion for preliminary injunction, because Ms. Eriksen engaged in constitutionally protected free speech. This case encompasses the violation of First Amendment rights and this court ought to “conduct an independent examination of the record as a whole, without deference to the trial court.” Bery v. City of N.Y., 97 F.3d 689, 691 (2d Cir. 1996). For the First Amendment issues, the appellate courts must make an independent inspection of the whole record in order to ensure that lower court decisions do not ...

Summary and review of the articles. 1) Winter vs. Natural Resources Defense Council. The crux of the case between Winter, the Secretary of the Navy of the United States, and the NRDC consists in the fact that the United States Navy badly needed to use mid-frequency active sonars in order to properly conduct marine trainings off the Californian coast. Plaintiffs, activists for the defense of nature, opposed this claiming that using the indicated devices harms marine mammals of which there are 37 unique species in that part of the ocean. The case was taken to the District Court who ...

A Case Brief of Jakubowicz v Dittemore (2006) Chester Jakubowicz, Dianna Wallen and Glenda Werley v. Ron Dittemore, Director of Missouri Department of Mental Health, 2006 U.S. Dist. LEXIS 68639 (W.D. Mo. September 12, 2006)

Pin cites

Procedural History This is a case before a District court of first instance. Facts The plaintiffs were employees of the defendant, a Missouri state agency providing mental healthcare services to residents of Missouri. The first plaintiff was a Psychiatric Assistant at the center while the other two were office Support Assistants with the Missouri Department of Mental Health (DMH). The defendant came up with ...

505 U.S. 833 (1992)

George L Smith

Dr. Thompson I. Introduction In the 1973 case Roe v. Wade, the United States Supreme Court held that the Fourteenth Amendment guaranteed that a woman has a constitutional right to decide whether or not she wants to have an abortion. Prior to the decision, most states had prohibited abortions other than in the case where a pregnancy was dangerous to the woman’s health. In finding that a woman has a right to choose, the Court held that the choice was a private decision that the state had no authority to interfere with, at least ...

The case is about a widower, Mr. Peter Lewiston, who becomes attracted to a married woman, Mrs. Beverly Gilbury. Mrs Beverly happens to be Mr. Peter's colleague at work (Snell and Bohlander 135-136). Lewiston and Gilbury had worked together at the Pine Circle Unified District School (PCUDS) for six years and their relationship as workmates was unquestionable according to those around them (Snell and Bohlander 135). Lewiston lost his wife a year after Gilbury joined the PCUDS as a teacher where Lewiston worked as a senior maintenance officer (Snell and Bohlander 135). After around six years of relating with ...

ACME Car Rental

Facts ACME Car Rental purchased a total of 1,000 Volkswagen model cars at a total purchase price of $17,000,000 from the Volkswagen Company. It then sold some of the cars to individual consumers and other smaller rental fleet companies. However, unknown to the purchaser, Volkswagen Company, the vendor, had fitted the cars with an ‘emissions defeat device’ which is software that was meant to cheat on the rate of emissions of the cars. This was in a bid to conform to the relevant laws and regulations in place. Though these vehicles were able to pass the ...

Question No.1

1ST ISSUE: WHETHER S 16 OF DEFENSE OF MARRIAGE ACT IS VALID

The provision is invalid on the grounds of unconstitutionality. Article IV, s 1 of the US Constitution provides “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” The Court, in Mills v. Duryee, 11 U.S. 481 (1813) explained that the Full Faith and Credit Clause means that not only are records of public acts, records and judicial proceedings in one state admitted in another, but their effects as well. Section 16 should, therefore, ...

Law

Alastair Brett v The Solicitors Regulation Authority [2014] EWHC 2974

In 2009, Patrick Foster, who was a media reporter of The Times, faced charges involving breach of code of conduct for violating the provisions of the Computer Misuse Act 1990. Foster hacked the personal email account of detective Richard Horton, who was a police blogger and used the code name “Nightjack” in his blog site. Foster was able to find out the true identity of “Nightjack” after hacking Horton’s yahoo account. As a result, Horton filed a case for injunction against The Times for and breaking into his email account ...

The Law

- Since this incident occurred due to negligence and no prior contract existed between the plaintiff and the defendant the Law of Tort becomes applicable. - As per established norms in the Law the plaintiff must be able to prove that - Defendant owed a duty of care - Defendant breached that duty - There was damage as a result - If the three points are proven by the plaintiff, then following options of defence are open namely any one of the following: Consent, Contributory Negligence, Necessity or Illegality. The Limitation Act (1980) sets a period of ...

Question 1

Regarding payment of legal services lawyers may select from one of the four arrangements of payment which comprise of rates divided according to an hourly, contingency, flat and retainer basis with a contingent, flat and retainer payment arrangement as the most commonly used. With contingency payment arrangement entailing an agreement between the client and the lawyer for taking of a specified percentage of the settlements; that are monetary as well as receiving damages payment from a case. These types of fees are normally charged in civil lawsuits instance in the case of medical malpractice as well as litigation in personal injury with ...

Introduction

The West Tankers litigation, especially the decision of European Court of Justice, has raised many questions as to the issue of enforceability of arbitration agreements in EU Member States. The Court, by its decision, has extended the scope of application of the Brussels regulation to the arbitration agreements, and precluded English courts from issuing of an anti-suit injunction aimed at prevention of any judicial proceedings in other Member State when such proceeding clearly violates the arbitration agreement. In the following article, I would like to contemplate on the possible consequences of the court`s ruling as to the enforceability ...

Analyses of Gang Laws Impact Gangs' Membership in Los Angeles

Problem analysis

Just like any other major city, Los Angeles has had a very high level of gang related activities over the years. Unfortunately, the numbers of gang related activities suggest that Los Angeles’s gang problem is significantly higher than most cities in the United States. Notably, researchers argue that it is due to the high numbers of illegal Mexican immigrants who seek shelters in the cities. In addition, activist activities by black idealist also acted a foundation to some of the major gangs that contribute to the numbers in Los Angeles. The streets of downtown Los Angeles are home ...

Currently, over 80 percent of business transactions are governed by contractual agreements. In recent years business contracts have become significantly more complex with complicated legal language and a numerous of terms and conditions governing the terms of the contract. Contracts is an agreement binding two or more people. The agreement can be on behalf of persons or companies they represent. There are certain legal requirements that must be adhered to for a contract to be enforceable, but they are seldom an issue in business contracts. The business contracts do not have to be written because they are enforceable in a court of ...

Lawsuits are common among competitor companies for false advertising of their advertisements on air. This is a violation of the Lanham Act that was enacted by Congress in 1946. This Act prohibits companies from carrying out activities such as false advertising, trademark infringement, and dilution of their products. This paper addresses two questions concerning the court case between Pharmacia, the complainant, and GlaxoSmithKline Consumer Healthcare, the defendant, on a product meant to help people quit smoking.

Question 1: On What Basis Does the Court Conclude That GSKCH likely Violated the Lanham Act?

Pharmacia is a company that makes Nicotrol, which is an inhaler that helps smokers to stop feeling the urge of smoking again. This company goes to ...

Introduction

Contemporary studies view parties as alliances of politicians whose ultimate objective is to win electoral office. Parties make promises on behalf of their candidates about what they will do if elected, and help improve chances of reelection for incumbents through their records of implementing their programs (Bawn et al. 571). It is plain to see how these parties might serve democracy. Citizens can give more effective direction to government by voting for a party instead of an individual. They create an incentive for responsible governance by holding an entire party rather than a single politician accountable for government actions (Bawn et ...

How Did Religion Influence Early U.S. History A value of knowing the origin of nations helps to understand their social orders and laws. America is the only nation in which the starting point of a great person has been vividly observed. This is so because the growth of nations bears some marks of their origin. The situations that followed their birth and contributed to their development affect the nation. On evaluating the elements of state and the oldest monuments of American history, one can discover the prejudices, the habits and the ruling, which constitute the national character. This explains ...

Information and communications technology

Information and communications technology 1

ICT and Cashless Society 5 ICT and Evolution of the World Bank’s 7 ICT and Challenges 9 ICT and Policy Changes 9 Conclusion 10

Reference 12

Information and communications technology ICT is the acronym of Information Communications Technology that ICT acts as an umbrella term for communication devices and applications, and its encompassing facilities. These facilities include televisions, radios, cellular phones, computers and their software appliances among others. Many countries around the world have incorporated technology into their established financial organizations. The widespread use of technology within global finance has ...

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 ...

A. Timberot plc

Timberot plc can only go after Leonard, but not Mashup plc. The reason for this is at that time the parties entered into an agreement, Mashup plc had no legal personality yet and, therefore, did not have the capacity to contract. Such legal personality only became real as of the date of its incorporation stated in the certificate of incorporation, which evidences conclusively that the company has complied with all the requirements of registration and is thus, duly registered as a company. As of the date of incorporation, a company is given a legal personality and all the capabilities owing it as a ...

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 ...

IRISH EQUITY LAW

IRISH EQUITY LAW The Mareva injunction is a very powerful remedy which if improperly invoked will bring about an injustice, something that it was designed to prevent’

Introduction

- Definition of Mareva Injunction: A Mareva Injunction is defined “as an injunction which freezes a defendant’s assets, preventing their dissipation, and ensuring that they shall be available to the plaintiff, in the event that the plaintiff succeeds in the trial of action.” In the case of Bank Mellat v Nikpour, the judge described Mareva injunction as “one of the law’s two nuclear weapons”. In O’Mahoney v Horgan ...

As the technology takes root in the society, it is becoming hard for the intellectuals to protect their products from online injustices. One attempt to tame these vices have been to bring in board the Internet Service Providers (IPSs) to board under the international copyright legislation to limit the pirate activates. Legal action has been taken as a remedy to this problem to the IPSs who fails to corporate with this legislation. Australia is a leading nation in the online piracy activities with over 11.6 % of illegal downloads of the season four of Game of Thrones movie that has just ...

Business

Damages refer to monetary compensation and are a basic remedy in the common law offered by the court to compensate the plaintiff for the loss that he or she has suffered due to a contract breach. They may be grouped as either nominal or substantial. Nominal damages are an amount offered by the court in a bid to show that a party’s rights have been violated but there was no loss as a result of the breach. On the other hand, substantial damages are an amount awarded by the court as the actual loss suffered as a result of the contract breach. Damages may ...

Question 1 Executive Order 10340 by President Harry Truman

Summary of the Executive Order Executive Order 10340, which was issued on April 8, 1952 by President Harry Truman, directed the Secretary of Commerce to take possession of all steel companies and their corresponding properties and facilities listed in the EO. The EO listed more than 80 steel companies located all over the country. The Secretary was also directed to operate or cause the operation of such facilities with the help of any entities, public or private, as he may designate. The EO further directed the Secretary to do the following: determine the terms and conditions of employment ...

The international human right treaties provide legitimate restriction on the freedom of expression. Article 13(2) allows the imposition of certain restriction to the freedom of thought and expression. A prior censorship is compatible with the enjoyment of rights listed in Article 13 with the exception of issues that deal with public entertainment. Abuse of freedom of information cannot control the subsequent imposition to the people guilty of abuses. The natural security recognizes a legitimate ground to restrict the freedom of expression. The First Amendment declares that Congress does not make any law to prohibit freedom of speech and ...

Literature review

Introduction to arbitration International commercial arbitration is a method of solving disputes between international commercial institutions, as a result of disagreements arising between them during business interactions. It is a method that has been very much used in the recent past as a way to solve disputes easily since it does not follow formal agreements stipulated in legislative systems of the involved parties. These legal formalities are usually long, and the parties involved are mostly from different countries, with different legal backgrounds as well as cultural backgrounds, therefore, coming up with solutions normally becomes a very expensive and time consuming. This system of ...

Question one: Procedural stages of a civil case

In the United States of America, the Constitution does not donate civil suits to the Federal Government. Under the doctrine of residual powers, it is the states that have the authority and mandate over civil cases. It is on that premise that civil procedure in the United States may be different from state to state. However, there has been a general approach applied by all the fifty states. In this section, the paper shall discuss the procedural stages in a civil suit. A civil suit begins formally with the institution of the suit. Often, the suit can only be instituted ...

Assignment 1

Relationship between trust, respectability, risk, and white collar crime, and how the relationship differ when crime involved is conventional, rather than white collar. White collar crimes are in most instances committed by people of high authority, and who command higher respect in societal set up. These people, in most of the occasions come from successful businesses either as owners, managers, or in a senior position able to make command, and decisions regarding the business. Government personnel have also in the recent past been involved in white collar crime, and this trend has been on the increase not only on ...

Legal Environment of Admin

Minimum Procedure: Matthews v. Eldridge, 424 U.S. 319 (1976) Issue - Does receiving a notice and opportunity to comment in writing a valid ground to cut a person’s legal benefits without going through a full evidentiary hearing? This is the central issue pertaining to the interpretation of due process in the Fifth Amendment. Decision - The Supreme Court ruled the due process in the Fifth Amendment does not require evidentiary hearing given that the right to receive notice and opportunity to comment in writing was provided to the plaintiff. Reasoning - The court argues that the determination of the ...

The Environmental Protection Agency (EPA) has been given a mandate by the Congress, through legislation, to protect the environment for the people of the United States. The parent act establishing the agency gives it the power to make delegated legislation that would be essential in helping the agency carry out its obligations efficiently. Drafters of the Constitution, in their wisdom, saw it fit to advice Congress, and indeed encourage it, through provisions of the Constitution to establish agencies with regulatory power to carry out specific functions. Indeed, Congress cannot be heard to legislate on everything because it will be overwhelmed ...

Procurement Process Contract Validity

Offer – An offer describes the expression of a willingness to enter into a binding contract on given conditions, and as such, it is expressed with the purpose of it becoming binding if the set terms are satisfied. According to Storer v Manchester City Council (1974) and Gibson v Manchester City Council (1979), an offer must be both specific (time and place, quality, quantity, means and time of communication etc) in its invitation for other parties to enter a binding contract, including without any further negotiations, because it includes the understanding and invitation of a supplier’s assent, which will conclude the contract. Effectively, ...

710 Expansion

Introduction

For over forty years the planning of extension of 710 state routes has been in the planning, the main aim was to ease traffic congestion and to facilitate air quality within the metropolitan area of Los Angeles County .The department of transportation in California and metropolitan transportation authority of the county of Los Angeles came up with proposal of a tunnel concept by extending the SR-710.With over 15.2 m in diameter and 17.7 km in length, the tunnel would stand to be among the world’s largest highway tunnels .This project has been challenged by a lot of opposition ...

Essentials of a contract

A valid contract consists of a number of key elements without which a contract so formed is not a contract properly so called in the eyes of the law. The basic elements of a valid contract include the offer, acceptance, consideration, and intention to create legal relations, capacity of parties and legality of the subject matter of the contract. An examination of the facts as outlined in this case reveals that the case turns on the basic elements of offer and acceptance. It must be proved that an offer was made which was subsequently accepted for a consideration in order to constitute a valid ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...

Prepared and submitted for the partial fulfillment of the requirements for the:

Introduction Advertisements are everywhere. We see them through billboards, print ads, television, radio, and the Internet. They entice us with almost anything and everything. They also claim to offer the best brands and products or services at the most cost effective prices. However, these offers are sometimes unintentional and are only made for promotions purposes. In business law, advertisements do not constitute an offer and hence, it is not a binding contract. Hence, any attraction to a certain ads which offer a product or package in exchange for a purchase or patronage does not literally mean there is a binding contract between the ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...

Constitutional rights have always been regarded supreme to other rights and, therefore, prima facie would take preference in case of any conflict with any other rights. However, as the world develops there have been proliferations of other conditions and needs that are essential and should be protected to ensure tranquility in the society. This means that despite civil rights being created to grant citizens exclusive rights to enjoy their free will in response to the conditions at that time; the law and the supreme court have in some cases found it necessary to curtail these rights in order serve ...

Article Review: The Pullman Strike by Richard Hofstadter and Michael Wallace Summary The Pullman Strike was a landmark event in the labor history of the United States. Happened in 1894, the strike has involved large numbers of workers who fought against agents of the federal government. The workers, who worked under the Pullman Palace Car Company, underwent a series of labor relations changes that led them to organize the strike. Company owner George Pullman gathered all of his workers under a town that asks for higher rental fees but serves as an advantage for gaining employment at Pullman. The 1893 ...

Corruption in this society

This play depicts a society that is permeated by corruption. Corruption is rampant within the authority and it is being used to oppress the less fortunate in the society. A few individuals who have a connection with the authority seem to benefit from the prevailing corruption. The rich have continued to thrive in their riches while the poor languishes in their poverty. Corruption in the society is depicted by the demolition of the Mr. Barlow’s house. It turns out the taxes were paid, and authority did not sell it, . Harmond and Roosevelt want away around to build on the ...

Introduction

Physical punishment has, for a long time, been used as a method of instilling discipline in children, especially in schools. Studies, however, show that beating schoolchildren has lots of disadvantages. In United States, paddling in schools sound like a thing in the past. It is illegal in some states but others still practice it. In this article, the author tries to inform and persuade the audience about his position regarding paddling in schools. Adam Cohen, the author, expresses his views eloquently and supports his position by facts and figures from various research studies and articles. Cohen argues that Paddling does no good ...

FACTS

The case of Bouchat v. Ravens is a case involving Frederick E. Bouchat as the plaintiff and Baltimore Ravens Limited Partnership, et al. as the defendants. The plaintiff was a football fun and an amateur artist who developed a logo, which will be referred to as the flying B logo henceforth. Baltimore Ravens club used this logo from the 1996 season through 1998 league seasons.

ISSUE

The logo, the plaintiff argued had copied it without his consent. Bouchat filed a suit of copyright infringement against the defendants. The court received a submission for a benchmark trial decision based on the evidence from both parties. The ruling ...

Arizona anti immigration laws and other anti Mexican laws passed in recent years.

Introduction Arizona Senate Bill 1070 which is simply referred to as Arizona SB 1070 is a United States legislative Act that was the strictest and the broadest action against illegal immigration in the history of United States at the time of its passage. This act has received international and national interest and has stirred up a lot of controversy. U.S national law demands that aliens who are in the age bracket of 14 and over and who stay in the U.S for a period that is longer than thirty days should register with United States government and should carry the registration ...

Arizona anti immigration laws and other anti Mexican laws passed in recent years.

Introduction Arizona Senate Bill 1070 which is simply referred to as Arizona SB 1070 is a United States legislative Act that was the strictest and the broadest action against illegal immigration in the history of United States at the time of its passage. This act has received international and national interest and has stirred up a lot of controversy. U.S national law demands that aliens who are in the age bracket of 14 and over and who stay in the U.S for a period that is longer than thirty days should register with United States government and should carry the registration ...