Essays on Plaintiff

1. Identify each cause of action that is pursued and the plaintiff and defendant to the lawsuit The general procedure of the case will involve investigating the concepts of the case and applying the legal scholarship to the facts that are demonstrated. The specified facts that will allow the families in the case to bring a case against the hospital include a major lack of consideration regarding the potential hazards that were made evident in the report filed by the Joint Commission. The failure of the hospital to develop solutions to these problems resulted in various medical issues This ...

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 ...

Abstract

Domestic violence, as its name suggests, involves intimate partner and family violence. The law has historically treated domestic violence as only a secondary issue. The treatment reflects the longstanding notion that family and domestic matters are private and should not be subject to law enforcement interference. Compounding this blasé attitude towards domestic violence was the fact that traditionally, women were considered to belong to their husbands. Until very recently, a husband could not be prosecuted for the rape of his wife. What is important to note is that domestic violence affects all types of persons. There is no one, ...

Part 1

Court Southern District of Florida Wikie D. Ferguson, Jr. United States

11-CV-22122 Lawrence V. MS & RE Kesef Corporation

Defendant MS & RE Kesef Corp. Plaintiff Duke Lawrence Mediator Martin A. Soll Judge Patricia Seitz Charges Violation of Fair Labor Standards Non-payment of minimum wage to the employee Refusal to pay overtime payment Retaliation against plaintiff Forced to avoid legal proceedings Brief Overview of case Part 2 Trial Project I have chosen the trial of Lawrence v. MS & RE Kesef Corp. for observation. The case was brought for trial on July 9, 2012. The case was presented in the court of Wilkie D. Ferguson, Jr. United States Courthouse. ...

1. The 1803 case Marbury v. Madison was a landmark case that was essential to the current powers of the Supreme Court (Marbury v. Madison, 1803). The two major principles that were developed in its holding was the power of interpretation and judicial review. In delivering the opinion of the Court denying Marbury his claim the Secretary of State Madison was required to deliver his appointment to serve as judge, Chief Justice John Marshall stated that the primary responsibility of the Court was to interpret the law and that no other branch had this authority. In addition, Marshall also ...

Roe v. Wade is a historical decision of the U.S. Supreme Court regarding the legislation of abortions. The decision appears to be one of the most controversial and politically significant in the entire U.S. history. Therefore, it is important to dwell on the historical context to reveal the reasons of this decision that would have its reflection in the generations ahead. On September of 1969, working away from home, the plaintiff discovered that she was pregnant. Upon returning to Dallas, Roe declared about a rape by friends' advice, since the Texas laws permitted to terminate abortion in cases of ...

The area covered by the lecture is Trots in Aviation Law. The various topics covered in the lecture for include Strict Liability in consideration with Civil Aviation regulations, duties of a pilot in flight and pre-flight, duties of the air traffic controller, duties of the maintenance engineer, the three categories of trespass, and nuisance. The elements of the lecture cover the duties of the pilot including responsibilities of a pilot in command of an aircraft, responsibilities before the actual commencement of the flight, analysis of pre-flight data, safety of passengers, safety of cargo, safety of crewmembers, keeping information on ...

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

The legal business environment, including laws and regulations formulated to control the conduct of business activities is one of the most important external factors that affect major commercial decisions by business organizations (Pathak, 2013, p. 96). This legal framework influences decision making by businesses right from registration, workplace safety of employees, decisions on employment or dismissals, product safety, business agreements, to financing and marketing decisions (Campbell, 2009, p. 154). Businesses enterprises, according to Miller and Jentz (2011) must always operate within the purview of this legal framework as they make decisions on the various commercial activities, processes and operations ...

Introduction

The phenomenon of whistleblowing undoubtedly possesses a contradicting nature resting on the positions of informant and his employer. The given paper determines main characteristics of a whistleblower (both socio-psychological and legal), analyzes the instance of whistleblowing occurred at JC Penney, and assesses the protection which may be awarded to the informant.

Key Characteristics of a Whistleblower

Basing on the professional observations obtained in the course of long-term research and monitoring in the field of whistleblowing, typical and main features of a whistleblower may be classified into two groups: socio-psychological and legal. It should be reasonable to begin a consideration of social traits possessed by ...

Marketing

Hoover’s Market Position (PESTLE) Political – The company can expect a long-term advantage in terms of political stability in its major markets in the US and UK. Both major markets for the brand is far from facing political conflicts that might impact Hoover’s business continuity. Economic – The leading markets for Hoover’s line of vacuum cleaners are in stable condition, which poses no apparent effect on the consumers’ buying power in the US and UK market. On the other hand, the rest of the European markets for the brand are facing economic uncertainty given the perceived negative implications ...

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). ...

The scenario raises issues dealing primarily with consideration and variation of a contractual agreement. The issues arising are primarily two; the validity of variation of terms made between Kitchens for You Ltd (KFY) and Lizzie Tyler and the enforceability of the original agreement arrived at by Kitchens for You Ltd (KFY) and Lizzie Tyler. Firstly, KFY and Lizzie Tyler have a valid contract that is enforceable under which KFY agreed to refurbish the kitchen and seating area, to cope with the increased orders from the café/seating area and the takeaway counter for a total cost of £32,370. ...

Question 1

In the first instance, the case was heard in Melbourne. Regarding the nature of dispute Willet had been a Senior Detective Constable and worked at the Victorian Police Force. She suffered from a depressive disorder that was depressive because she had been subjected to harassment and bullying when working at the police force. She was awarded damages amounting to $106,000 by the jury to compensate have for losing the enjoyment of life and suffering. After appealing to the Supreme Court, the damages were increased to $250,000.Medical evidence showed that the harassment and bullying contributed to Willet's mental ...

As depicted in the trial of O.J Simpson, there is a number of political, racial, social and psychological personality or demographic factors that may influence the selection, composition and possible elimination of members of a jury. Normally, trial judges, defense attorneys, prosecutors and plaintiff’s lawyer will want to ensure that jurors are both impartial and fair and that there are minimal chances of conflicts of interest, bias and the possibility of a jury constitution unfairly influencing or shaping the outcome of a case. In this week’s discussion, I will analyze the factors that might include or eliminate ...

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 ...

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, ...

This report is about a case study of Sunil v Xerox, in this case the plaintiff was injured in a supermarket after he slipped and fell. This was because water had been brought into the supermarket by other customers since it had been raining.

The paper focusses on the tort of negligence and the occupier’s liability. The three elements of the tort of negligence are discussed in detail. The elements are that the defendant owes a duty of care to the plaintiff, there is a breach of that duty and that the breach of that duty resulted in the injury of ...

Citation: State of Arizona v. ASARCO, No. 11 – 17484, (December 10, 2014), United States Court for Appeals for the Ninth Circuit.

Facts: The Plaintiff Angela Aguilar was employed at a mill facility of the defendant ASARCO, a huge copper mining company, located in Sauharita, Arizona, on December 2005. In the course of the eleven months she worked at the mill factory, Aguilera contended she suffered multiple instances of sexual harassment by supervisors and co-workers regardless of her complaints to the Human Resources Department of ASARCO and at least one manager in the factory. Angela Aguilar filed claims for sexual harassment ...

Facts: Rajesh, who is a student in the university, works part-time as a delivery man for Yum Yum Pizzas. He is working in shift with strict start but the finish times are unspecified. While working he wears the uniform of Yum Yum Pizzas – a T-shirt and a cap. He was provided with special heat keeping panniers for the pizzas to stay hot. He used them on his own bicycle with the help of which he delivered the pizzas. Rajesh was paid a flat fee for every delivery. One evening, caring out his subsequent delivery, Rajesh performs a detour to the nearest LiquorMart store to buy ...

Introduction

With respect to law of torts, any action carried out intentionally and that results in causing either physical or emotional injury to another person qualifies as an intentional tort. On the other hand, negligence tort entails causing harm or injury to a third party as a result of personal carelessness. According to Arthur and Barner (2007), civil law requires that every individual conduct his or her activities in a manner that induces no harm to surrounding persons. In this context, the need to conduct one’s affairs in a safe manner constitutes the element of duty. Failure to act safely and within expected ...

Rob and Bunny Sherman want to file a suit against the Church of the Divine Light. They allege that one year ago, their 15 year old son called Rob Jr., was coerced into staying in the church. He was threatened by being told that if he left, he would be thrown into the eternal fires of hell. He was brainwashed and began believing that the church was his new family. He was also told to demand money from his parents to cater for his upkeep. Rob Jr. stayed in the church for a period of approximately six months. Rob Sr. and ...

A contract is a binding legal agreement between two parties that is made with the intention to create a legal relationship. Contracts in the English legal tradition are made by the exchange of consideration between the parties.

Fox v. Mountain West Electric, Inc., 137 Idaho 703 (2002)

In this case, Lockheed Martin had a building project which Fox and MWE decided to do jointly as a way of winning the bid to complete it. They created a document that acted as the scope of the work they were to complete and in the process, Fox worked under the supervision of a manager of MWE. There were changes in the terms of the building contract terms ...

Discrimination Lawsuit: Disparate Impact and Treatment

Unfortunately, discrimination can take place in the workplace affecting the employees. To try to prevent these occurrences, federal laws have been enacted that prohibit such behavior. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin; it prohibits both in disparate treatment and disparate impact. Disparate impact refers to rules, policies, and practices by an employer that appear to be neutral on their face, but have a disproportionate impact on members of a protected class. Disparate treatment, on the other hand, is intentional discrimination (See EEO). If someone is the victim ...

International Legal and Ethical Issues in Business

Abstract

For an agreement to be considered a valid contract, it should have four vital elements that include an offer, acceptance, intention to be under legal consequences, and consideration. If any of the mentioned terms are missing from the contract, it is not legally binding. Objective theory of contracts is a legal notion that rejects the enforcement of thelaw that appears to be too good to be true. The contract, according to this theory, is binding only if a reasonable person from outside will judge objectively that the offer has been made, and it has been accepted. The soft drink company, in ...

Introduction

Crime refers to wrong actions that cause injury to people or cause interference of their lives. However, these actions that interfere with other people lives cannot be classified only as a crime, but also as a tort. A tort is a wrongful action that causes injury or interferes with the other person life or property.

In the Pahler case, the court did not use the same reasoning used in Bailey vs. Eminem case. Pahler committed a crime by shooting and murdering actress Lana Clarkson. Crime can be defined as, wrongful act identified by a state as a crime, leading to hearing criminal case in the ...

Brown versus Board of Education was a landmark case in the United States Supreme Court. The case had a very great impact on the personal rights of individuals as will be fructified in the evaluation.

- Basic Information

The title of the case was Oliver Brown, et al. v. Board of Education of Topeka, et al. The case number was 347 U.S. 483.

- Plaintiff

The plaintiffs in the case were Oliver Brown, et al.

- Defendant

The defendant in the case was the Board of Education of Topeka, et al.

The case Oliver Brown, et al. v. Board of Education ...

A pretrial motion is a meeting that occurs between the accused person, the plaintiff, the layers and the judge. The pretrial motions are conducted after the confirmation that a case has to proceed to trial (Berry, 1989) .Pre trial motions deal with issues that affect will affect the outcome of a case. Some of the issues are;

Avenue change-Parties to a criminal case can request for avenue change. Factors such as publicity and security of an accused person may influence the court to order for the change of a trial location.

Evidence exclusion-Any party to a case can request a court to exclude evidence that they ...

Malpractice actions can only proceed once basic requirements contained T.C.A. § 29-26-115 has been met. Firstly, the burden of prove is upon the claimant to provide the standard of professional practice within the community which defendant practices. As a claimant, therefore, prove that I am well vast with the standards of professional practices that should have upheld at the time when the injury was committed. I will also prove that defendant failed to act with reasonable in light of the aforementioned professional standard. It will also be important for me to prove that defendant acted with less care than what ...

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 ...

Annotated bibliography

Bothwell, R. K., Duhon, K. W. (1994). Counterfactual thinking and plaintiff compensation. The Journal of Social Psychology, 134 (5), 705.

The research sought to identify the relationship between counterfactual thinking and plaintiff compensation. This research provided information regarding a victim who attained severe injuries during a robbery. It involved two sets of subjects; one set was told that the victim got the injuries from a store he had not visited before while the other set was told that the victim had visited the store from which he attained the injuries. It was found that the set of subjects that was told that ...

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 ...

Psychological Testing is a field in psychological studies also referred to as psychological assessment. It is a process through which individuals in the profession of psychology try to evaluate and understand a person and his mental behavior in depth. In addition, this testing allows for the determination of one’s personality, individuality and their IQ and the mental components. In this study one gains the ability decipher a person's strengths and their weaknesses.

1.What are at least two ethical issues associated with psychological testing? What impact do these issues have on the field of psychological testing?

One of the core ethical issues is confidentiality. This is code of conduct is required to be implemented by any licensed and operating psychologist. It entails the psychologist not ...

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 ...

Once a complaint and summons have been served on the defendant, settlement negotiations must stop.

In a federal court action, a general denial challenges the subject matter jurisdiction of the court. If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be waived.

A copy of the answer must be personally served on the plaintiff.

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

A third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading.

All allegations in a counterclaim, cross-claim or third-party complaint are deemed denied and need not be responded to. If a defendant in a lawsuit fails to object to the subject matter of the court prior ...

In this interesting case, we have several facts. On the one hand, Mr. Daggett, representing plaintiff, Ms. Darcy, which is claiming that they have sufficient proofs for accusation Big Car’s Motion and its so-called supervisor, Clarence, for harassment, sex-abuse and that there was a hostile workplace environment for Ms. Darcy, their former employee. On the other hand, representing Big Car Motion company, Mr. Cheatam is trying to persuade that plaintiff do not have sufficient proofs for her claim.

Every Law system has many `black holes`` in which many facts swap in. However, we are learning how to respect our ...

CITE: USA Today, Oct. 2, 2013, page 34.

FACTS: Katherine Jackson, mother to Michael Jackson brought a suit on negligence against AEG Live LLC. AEG Live LLC was a concert promotion company that produced Jackson’s comeback concerts. Katherine argued that AEG Live LLC acted negligently in hiring the physician responsible for administering the medication that killed Michael. Conrad Murray, the physician, was found guilty of involuntary manslaughter in November 2011 for administering a propofol overdose that lead to the death of the singer.

In their negligence claim, the family sought to show that AEG Live LLC was responsible for hiring the ...

Rules and procedures of civil litigation are the same from state to state

The most common method of resolving civil disputes is settlement.

Arbitration is a form of settlement.

A litigation paralegal often appears in court.

Litigation paralegals often rely on form books and form files.

Woo buys a new automobile. While driving the care home from the dealership, the brakes fail, the car crashes and Woo is seriously injured. Woo retains the law firm of

Kraft and Molina and they file a law suit claiming damages for these injuries. Brady works as a paralegal in that firm. In the law suit, Kraft and Molina are the plaintiff. True or False?

Woo buys a new automobile. While ...

A declaration is a statement under penalty of perjury, not sworn to before a notary.

The research for a memorandum of points and authorities is sometimes done by a paralegal. Motion practice is often the subject of local rules of court, both in federal and state courts. An order shortening time is often the result of an ex parte motion. Service of moving papers in support of a motion is evidenced by a certificate of mailing. The hearing on a motion can be handled by a paralegal. Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees. Under the Federal Rules of Civil Procedure, a moving party is required ...

Procedure and Facts

The two plaintiffs, who were minors, and their parents, commenced liability proceedings against the defendant, which was a pharmaceutical company. The plaintiffs were born with limb defects which they contended was not natural but rather by their mother’s use of Benedictin, a drug manufactured by the defendants. The claim was lodged at the Ninth Circuit court. The arguments from the opposing parties in the case elucidated differing opinions as to the more just, appropriate and reliable criteria for the admissibility of scientific evidence available. There existed an earlier common law rule, the Frye rule, which held scientific evidence must be ...

1. Employment at will is a law that stipulates that a contract of employment of undetermined duration could be ended at any time, without incurring any liabilities, by party, the employer or the employee at any time chosen for any chosen reason except an illegal one. It is only maintained in the U.S except the state of Montana. Other industrial powers like France, Germany, Canada, Italy, Japan, Sweden and Great Britain have statutory provisions that state that employers are required to show good cause before firing their employees. There are three exceptions to this rule, the first is breach of ...

Rules governing motion pleadings are found in Federal Rules of Civil Procedure title III. These rules have been modified and limited by two particular cases: Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. The cases had different fact patterns, however, both concluded similarly regarding pleadings. In Bell Atlantic, it was concluded that a plaintiff had to show plausibility in the pleadings; possible and conceivable were no longer sufficient thresholds to maintain proceedings. In Ashcroft, it was held that a detained prisoner had not pleaded sufficient facts to maintain a claim of discrimination.

The Twombly case involved a class-action lawsuit for anticompetitive behavior ...

In reference to Case of Gibson versus Manchester City Council there is an agreement to the terms of contract between the council and Mr. Gibson and the application had been received successfully and this meant that it was a valid contract. However, the legal argument before the court is that the contract according Mr. Gibson was is that there was an agreement from the city council replay to his application. In the council advocate claimed that plaintiff replay cannot be considered a contract agreement. According to the plaintiff, the deal may be considered changes of terms that were in the original ...

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 ...

Tim advertised that he was selling his Porch Short Boxer car in the newspaper to which the rogue later responded by visiting him. The advertisement by Tim is merely an invitation to treat which essentially paves the way for submission of offers to which Tim is free to accept or reject. This was the case in Partridge v Crittenden where Lord Parker CJ made a comment to the effect that if an advertisement were to be regarded as an offer, advertisers would be faced with a situation where they are under an obligation to sell the advertised goods to everyone who ...

Ramzi Yousef, the first defendant, had the intent and committed the act of terrorism. He visited Manila under an impersonation of somebody else effectively conniving in attempts to disguise himself. The defendant and his group had the plan to attack United States Airliners. They intended to execute this plan employing bombs that were to be placed in aboard twelve United States Airliners commuting the United States Southeast Asia routes. The total number of accomplices were four making the group five for the final execution involving placement of bombs. According to the arrangements, the conspirators were to each board the ...

Upon consideration of the facts as presented by Jenny, I would argue that are two causes of action; one in criminal law and one in civil law. Jenny can pursue both causes of action together or either one separately.

First, Jimmy’s actions are a violation of the criminal law; however not for the crime of rape. Rape is traditionally defined as the “unlawful carnal knowledge of a woman by a man, without her effective consent” (LaFave, 2000). Accordingly, under the law rape requires sexual intercourse. While the actions of Jimmy’s avatar are obscene they cannot be consider a rape of ...

- Court deciding the case: United States Court of Appeal for the Ninth Circuit

- Parties: Plaintiff; Dustin Hoffman Defendants: 1st Defendant Capital Cities, 2nd Defendant-Appellant L.A Magazine Inc

- Procedural history/ Case nature: In the year 1997, a complaint was filed by Hoffman in the district court against Capital cities/ABC inc. the parent company of L.A magazine. ABC inc. took the case to federal court, and Hoffman included L.A Magazine (LAM) as a defendant. The district court bench trial found in favor of Hoffman on all of his claims and against L.A Magazine rejecting L.A Magazine argument that, its actions ...

Abstract

In the case of Patsy Slone vs. Dollar Inn, the case at hand involves the plaintiff suing the defendant for negligence that caused her an emotional distress on the fear that she could be having the AIDS virus after she was pierced by a needle while being a guest at the defendant’s establishment. This requires a compensation for damage even without evidence that the plaintiff actually contracted the virus. It is evident from the claim that although she did not have the virus, she had suffered greatly from the trauma and fear that she might have contracted the virus. As a result ...

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. ...

Placing a cap on “Pain and Suffering” in tort actions is essential; this is because there are many cases that arise from tort actions. Tort action is in itself a civil action or injury that does not arise from a contract. The law for such action provides for some outline of money damages. The actions arise from accidental laws like personal injury and negligence. This calls for a cap on the tort actions regarding pain and suffering. Reforms are needed, for proposals and enactment, to have a clear outset of the nature of tort actions.

The laws that are adopted and exist for ...

In breach of a real estate contract, the law provides several ways through which the aggrieved party can seek retribution. These avenues include money damages, specific performance, and recession. It is also essential to note that the aggrieved party can also use the liquidated damages. However, in all the scenarios mentioned above, it is the duty of the aggrieved party to prove that the defendant breached the contract by failing to perform their obligations as indicated in the contract.

Money Damages

Scholars state that this remedy is based on the assumption that, in regard to money, the plaintiff has to be placed ...

1. Overview of Topic This paper aims at discussing the question of the sovereignty of the British Parliamentary system based on the outcome of Jackson v. Attorney General 2005.According the constitutional provisions of the British legislative system there lacks a clear line between the extent of interference between the House of Lords and that of the House of Commons. The ruling of Jackson v. Attorney General 2005 supports this hypothesis based on the structure of arguments presented by the Jury in giving the verdict of this case. This paper intends to use the outcome of this case to determine ...

In the game theory, it is assumed that there are several players who are rational. They are interested in their gain in the entire process and the choices they make are geared towards their self-fulfillment. The classical example of the game theory is the prisoner’s dilemma. Two prisoners are held by security officials for a serious crime. There is no judicial evidence. Their conviction is based on both or either of the prisoners confessing to the crime. If one confesses, he gets immunity from prosecution while the other prisoner is jailed for a long time. If they both confess, they ...

This refers to uninvited or unsolicited physical, verbal or other conduct, express and/or implied, that makes demands for sexual favours in lieu of some detriment and/or in exchange for some benefit. To prove a quid pro quo harassment, a victim must demonstrate express/implied sexual advances; the fact that such advances were unwelcome; and the perpetrator used and/or threatened to retaliate if their advances were rejected. According to the U.S. Equal Employment Opportunity Commission (2010), unwelcome sexual advances and other conduct in violation of 29 C.F.R. § 1604.11(a) occur when: Rejection of or submission to such conduct by a victim comprises a basis for ...

Part One Wall Mart Company is faced with a sex discrimination lawsuit which is based on statistical analysis which indicated that the company which is rated as the largest employer in the United States discriminates against women employees. This discrimination as argued by attorneys is explicitly reflected in the payment of salaries and giving of promotions to the employees. It is argued that female workers in the company are paid less and given fewer promotions compared to their male counterpart, despite the fact that they are both exposed to the same work load in the conduction of their ...

Citation

Misti Lee SCHNEIDER, Plaintiff-Appellant/Cross-Appellee, v. The CITY OF GRAND JUNCTION POLICE DEPARTMENT, an agency of the City of Grand Junction; Bill Gardner; John Camper; William D. Baker; John A. Zen; Rick Dyer, Defendants-Appellees/Cross-Appellants, and John and Jane Does, 3-10, in their official and individual capacities, Defendants Nos. 12-1086, 12-1115 (US App. June 5, 2013) Facts The person, Lee Schneider called 911 in order to have assistance with her son who was making noise and disturbance in the neighborhood. The officer name Coyne responded alongside other officer, and the leading official in this regard notified the mother that ...

CITATION: 18 Cal. 3d 660

FACTS: A women brought action against a man whom which she lived with for approximately six years. Plaintiff alleged that she and the defendant entered into an oral agreement that the plaintiff would give up her career and become a housemaker and housekeeper. The plaintiff quit her job as an entertainer and singer in order to cook and clean for the defendant. In return, the defendant would provide all financial support to the plaintiff for the remainder of her life. Plaintiff alleged that the two would combine their efforts and earnings and share the property they acquired throughout their relationship ...

Lawrence v. Fox. Citation: 20 N.Y. 268; 1859 N.Y. LEXIS 192

Facts

The Plaintiff, Holly decided to loan the money to a person on the guarantee of the defendant, and therefore, the defendant is obligated to pay the amount because the contract that she helped create did not materialized as intended so she had to bear the costs of her actions. The defendant’s side however claimed that he does not have to do anything about the issue of nonpayment because he was not a direct and contributing party to the contract, and therefore , the motion against qualify as a wrongly developed ...

CITATION: 276 N.C. 279 (1970)

FACTS

This article will strive to review the verdict given by the Court of Appeals regarding the case between Mason J. and Gaston County. The court declared non-suit after going through the defendant’s evidence and docketed the plaintiff’s request. The accused had finished high school in the year 1966. Later on in 1968, he got married at the age of nineteen and became emancipated. Mason needed money to complete his engineering course. His wife worked as a computer programmer, and they stayed in a rental. The two were expecting to have a baby; hence, Mason had ...