Essays on Statute

The Federal Torts Claims Act (FTCA) is the statute that allows for the recovery of damages against the United States (Cann 487). This Act allows prisoners of the federal government and pretrial detainees in federal correction facilities to file lawsuits against the United States if a federal officer injures them. The Federal Torts Claims Act enables a litigant to sue the federal government over torts committed by its employees (Cann 487). The United States has no qualified immunity under this Act. It is important to note that the Act does not limit a noncitizen from suing the federal government. ...

Introduction

In a landmark case, the judges concluded that for the success of a modern liberal nation, there must be a constitutional protection that ensures that the constitution promotes free expression “by establishing a marketable right to the use of one's expression, copyright supplies and the economic incentive to create and disseminate ideas”. Thus, by implication, copyright is supposed to be “an engine of free expression”. The purpose of this paper is to analyse the accuracy of the claim that copyright is an engine of free expression. The paper will critically assess the original position taken on copyright by the ...

12 Questions 1 - Environmental law is the set of laws and treaties which governs the limits to which the human actions affects the environment around us. We need environmental law because without it the worsening situation of our earth cannot be controlled and the state of our environment will worsen even more than the current state. Environmental lawyers are needed to uphold the environmental laws so that the prosecutors can be brought in front of the law and served the rightful justice. 2 - The environmental law was first formed in the year 1970. The section which is ...

Activity 1

In determining whether or not Don can set aside the contract with Evan, it is important first to determine whether a valid, enforceable contract ever came into existence or was formed between the parties. According to MacMillan and Stone (2012), the essential elements of a valid contract include offer and acceptance, consideration, capacity, intention to create legal relations, and legality. In the present case of Done and Evan, a contract came into being when Don unilaterally accepted Evan’s offer in the form of advice to invest in his (Evan’s) new consulting business and went on to sign ...

The President,

United States of America. Introduction The concept of corporate ethics is widely accepted today. In order to stabilize the growth and development of the overall U.S economy, industries regardless of their nature or size must be instructed to follow certain ethical guidelines. In the current corporate environment, it is advisable for the U.S government to introduce three key changes to its corporate governance framework. First, there should be a single body or statutory regime to deal with corporate governance affairs in the country. Second, corporate ethics is essential to distinguish the roles of chairman and chief executive officer in ...

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

1. Goals of the Physician Quality Reporting System (PQRS) The physician quality reporting system is an effective tool that helps the physicians in order to evaluate and measure the processes of health care, the structure of the organization and the perceptions of the patients. The goal of this system is to provide the high-quality health care. Some of the most crucial goals of PQRS include timely care to the patients, patient-centered, effective and efficient. a. Advantages and disadvantages of the PQRS program

Advantages

In case of the reporting through the claims, it requires only 20 unique Medicare patients In case ...

Calvin Stark tested positive for HIV in 1988 and received counseling on the infection which included a discussion of engaging in future safe sex, risks associated with the spread of the disease as well as the important of informing sexual partners of his infected status. Stark continued to engage in sexual practices in disregard of his counseling advice, as a result, a physician who had treated Stark issued an order for Stark to discontinue his practice. This order was issued according to a Washington State law which allows physicians to protect the health of others. Stark refused to cease ...

Calvin Stark tested positive for HIV in 1988 and received counseling on the infection which included a discussion of engaging in future safe sex, risks associated with the spread of the disease as well as the important of informing sexual partners of his infected status. Stark continued to engage in sexual practices in disregard of his counseling advice, as a result, a physician who had treated Stark issued an order for Stark to discontinue his practice. This order was issued according to a Washington State law which allows physicians to protect the health of others. Stark refused to cease ...

Question one

When the items of the audit are unpaired, the ordinary operational course of the IRS will issue a 30-day letter of the IRS findings (Rubin, 2010). This letter will ask the taxpayer to agree with the IRS results. In such a scenario, the taxpayer can either agree or not, and in the IRS will send a notice of deficiency. Therefore, the 30-day letter acts as the ticket of taxpayers to the office of appeal to get more favorable findings as compared to the level of the agent. That is the appeals officers can consider the likelihood of settlements of ...

US 311: Business Law I

You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and ...

MEMORANDUM

Introduction: The RICO Criminal Defense Practice The RICO Act is very significant considering the prevalent infiltration of organized crimes in trade and commerce which remarkably eroded the stability of the national economy by influencing legitimate businesses and labor unions. Organized crimes have become global and the same becomes a threat to national economy and even corrupt and subvert the democratic process in the United States. The RICO Act helps in preventing organized crimes involved in racketeering from infiltrating legitimate organizations that are involved in the interstate and foreign commerce. With its wider scope of criminalizing the offenders, the growing ...

Response to other PPT 332

Funding CHIP The discussion covers the essence of the insurance fund that is significant to children. The program covers various areas including, healthcare, physical therapy, dental care, language and speech therapies and occupational therapy. The issue with the Children Health Insurance Program (CHIP) highlights the plight of children. There is the need to renew the approach that the Congress uses when funding the program. Often the program is funded in line with Medicare and Medicaid The potential stakeholders for the program concerned 18-year-old children. In the US, they are more than 8 million children who have no insurance aids ...

Successful marketing is one of the most important segments of home health care industry (home health agencies, hospices, private duty home care companies) which includes advertising, public relations, promotions, and sales. According to National Association for Home Care and Hospice, home health service is the dynamic business with more than 12 million patients in America. There are no state laws that prohibit home health care organizations from advertising in newspapers, magazines, television, radio or internet. However, home health care products and services can be legally marketed under a variety of special complex marketing laws, rules, regulations and government agencies ...

Answer:  Item (2): Find and properly cite a published article by Lee Sheppard.

Answer: . The articleis about taxation, since Lee Sheppard focuses in financial matters and the taxation of international corporations. This article is inclusive of commentary on agreement issues, transmission pricing, European tax progresses, and pioneering financial subjects such as spin-offs, hybrid securities, and hedge reserves. Item (3): Find and properly cite a published article by Jasper (“Jack”) Cummings. Answer . This article scrutinizes the connection of the U.S Constitution and federal taxation going back to the initial years of the state. Quoting Supreme Court cases, author Jack Cummings categorizes and classifies the sentiments for maximum availability by physicians and others ...

Critically Examine the Contribution made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. Critically Examine the Contribution Made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. At the core of the international law of genocide is the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The Genocide Convention came about in 1948 through General Assembly Resolution 260. It came into force in 1951. One hundred forty states ratified the Convention. Its purpose was to deter future acts of ...

PHIL 434 Medical Ethics

Short answers 3 point seach What is medical tourism? Medical tourism is “where patients travel overseas for operations and various invasive therapies.” (Connell 2006, p. 1093).

What are 3 reasons people choose surgeries/procedures in other countries?

1. Economics – Even with health insurance, many procedures can be performed for a fraction of the cost overseas. 2. Quality of care – quality of care is increasing around the world to the near equivalent of Western countries. 3. More options- Even with health insurance, many patients find their health insurance companies limit the kinds of procedures they are able to receive.

What is the commoditization of care?

Turning health care into a commodity that is undifferentiated from other competing ...

Issue

The legal issue in this case is whether the proposed tenant (Newark & Co Real Estate Inc.) and the landlord of 2615 east 17 Street Realty LLC has violated the provisions under the Statute of Frauds by submitting counterproposals to the offers that they received from each other. For the record, both of the two parties submitted their respective counteroffers to the opposing party and it is presumed that no agreement has been made following the submission of each counterproposals.

Rule

A good example of a case wherein one party has been sentenced as a result of violating the Statute of ...

Summary of employment-at-will doctrine from text

The employment at will doctrine is a legal doctrine that states that an employee who is hired for an indefinite period of time, may be terminated or end the employment at any time. Employment at will also means that the terms of the employment with regards to the employee can be altered at any time without notice and without consequences. For instance, an employer can reduce the employee’s wages, make changes in the employee’s benefits or change the terms of paid time off. In many states, employment at will doctrine has exceptions. One of the most common ...

The struggle for independence is not a new topic in Europe as the region’s history depicts a myriad of conflicts that occurred for the sake of independence from monarchies and the desire for self-governance. Throughout the past centuries, larger European empires broke down into smaller states while others merged to their partners or faded entirely. However, even after the Great Wars have ended, there were still factions hoping to separate themselves from their respective countries in the hopes of reestablishing their identities prior to their inclusion to larger countries. Catalonia, for instance, has been actively working on pushing ...

Introduction

Literary appropriation may be defined as the legal beneficial and creative art of borrowing from literary work of another author to come up with a completely different work from the original (Adeney 2013). It is simply the unoriginal, imitative or different perspective of the original work as seen and created by the ‘new’ author. It is different from plagiarism, which is essentially copying, direct lifting of an author’s words without acknowledgement, stealing of another’s work or pirating. These borrowed ideas are geared towards achieving certain literary objectives such as to criticize, ridicule, create new literary work, prepare ...

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 ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

When people look at the Statue of Liberty, they see a large effigy of a woman wearing a crown, holding a torch up towards the heavens and standing with a broken chain at her feet. Stationed on Liberty Island, which is located in New York City’s New York Harbor, the Statue of Liberty has captivated the imagination of millions since it was opened to the public on October 28, 1886. There have been many interpretations as to what this larger-than-life monument constructed out of copper iron actually symbolizes. What can be seen when looking at the evidence is ...

International Law

The process leading to adoption of a definition of aggression in internationals has involved different stakeholders. Various parties have participated in creating a working definition of this legal process. Some of the sources that have been involved in creating a definition of aggression are the states, international bodies, international law, and scholars. However, as noted each party provides its own definition based on the suitability of each function within the legal system. The development made by these parties in finding the definition might affect the emergence of an acceptable definition of aggression under the international law. Aggression under international ...

The statute was found in the beginning of the 20th century by the archaeologists who excavated Egyptian burial complexes. It was supposedly created between 2050 and 2000 BC and is now kept at the Metropolitan Museum of Art. This was a very unusual find; it was very well preserved, and thus, a lot of information could be collected from it. There were more than twenty statues of King Mentuhotep II found around the same location. They were apparently made by the person who constructed the burial for King Mentuhotep II. In his article, Cyril Aldred claims that in the ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...

The bill of rights refers to the significant rights of the American citizens and plays a critical role in safeguarding the rights from infringement by the government. The original constitution was outlined in Philadelphia in 1787 and was ratified by the different states in America. The original constitution laid a base for the bill of rights. However, this constitution contained less number of individual rights guarantees and was focused on launching a system for an effective federal government. Persons such as Pinckney and Madison are perceived as the ‘architects’ of the bill of rights that is applied in America ...

My client is the Manager of a computer maintenance company. One of his junior employees did not follow a maintenance instruction manual given, due to which the customer’s data got completely wiped out and he suffered huge losses. The customer wants to sue my client for breach of contract due to negligence of the employee, committed in the course of employment. Can my client argue that it is only the junior employee who is liable and not the employer himself? Support with recent UK case law if there is no Indian case law on the matter.

What is the crux of the matter?

Legal Issue ...

Introduction

Passengers aged over fifty years often develop Deep Vein Thrombosis (DVT)during prolonged flights. The development of DVT among passengers is well documented but is not often experienced by pilots flying commercial aircraft; however, there are a few cases where pilots have developed DVT in the course of duty.The potential liability of airlines is much more expounded with respect to claims arising from injuries caused to passengers without any sort of monetary limitation. In order to address the problem and help balance the liability to a proper proportion, the Convention for the Unification of Certain Rules Relating to International ...

The legislation is a vital as well as inherent part of the judicial responsibility which helps to balance power representing constituencies and making laws. The bill, however, raises a broader implication emerging with the principles of universal laws. Abdication of judicial responsibility for judges might conflict with the ideas of the rule of law and the separation of power given the fact that this grossly understates the impact of legislation as well as overemphasizes the contrasts along with boundaries between legislation and common law at the expense of their mutual influence, continuities, and similarities. This reflects the way in ...

Causes of the Revolution

The American Revolution occurred between 1765 and 1783 after the colonists within the thirteen American colonies declined the British aristocracy and monarchical rule. Beginning 1765, the American colonists refused to acknowledge the power of the British parliament to tax the American colonists while the latter did not have colonial representatives in the governments. The following years were marred by protests as American patriots sought to ventilate their disapproval of the authority of the British monarchy and aristocracy over the thirteen American colonies. Religion played an important role in ushering the revolution as the Christian revivalists in the Great Awakening ...

Abstract

This paper examines the case of Massachusetts v. Environmental Protection Agency, a 5-4 Supreme Court decision that combined the substantive, environmental law question of whether the Environmental Protection Agency erred in its initial decision not to regulate greenhouse gas emissions for motor vehicles with the procedural issue of whether states, cities, and environmental organizations had legal standing (defined as the right to use the courts as opposed to Congress to force governmental action) for the environmental claims at issue in the case. This paper begins with a brief overview of the political, legal, and cultural context for assessing the ...

Construction Law is a genre of law that is very detailed because its nexus operates on a concept in the United States that has been around since the age of Industrialization and that is relating to labor unions. Depending on where one travels within the United States to seek employment pertaining to construction work, they are potentially eligible to join a laborer’s union. What many of these labor unions do is to achieve a standard wage and benefits that construction employers pay construction worker within that specific state of geographic territory. Some of these unions have become quite ...

Historical significance of the Roe vs. Wade case

The Supreme Court in the Roe vs. Wade case (1973), made a ruling challenging a Texas statute that prohibited abortion unless the life a woman was in danger. Jane Roe, an unmarried woman, filed the case so that the law could be adjusted to let her have a safe and legal abortion. Wade, a judge at the Supreme Court, sided with Roe and termed the Texas statute unconstitutional. For the first time in history, the Supreme Court acknowledged that the constitutional right to privacy is far-reaching to entail the decision of a woman whether to keep or terminate the ...

Introduction

According to Beverly (2013, p. 1), parental alienation refers to the situation where one parent is irrationally rejected by their child, usually because the other parent has influenced the child negatively towards them. There are cases where the cases are severe that the case of Parental Alienation Syndrome (PAS) develops. In this scenario, the symptoms mentioned repeat themselves and the behavior are affected. The causes of this problem are usually triggered by both parents, especially those that provide the child with a hostile living environment. This environment could be triggered by parents who are undergoing a divorce or parents ...

Define “contract” and briefly describe the four essential elements necessary for a valid contract to be executed.

A contract is an agreement between two or more parties that is enforceable in court. The four essential elements of a valid contract are capacities of the party involved, mutual agreement or assent, consideration and legality of subject matter.

Identify and describe the various ways that a contract can be classified.

Contracts can be classified broadly into three categories- 1) By type of formation, 2) By type of performance and 3) By enforceability. What is meant by a “mistake” within the context of a legal contract? Describe the different types of mistakes that exist. How do each of these types of “mistakes” impact the enforceability of the contract? In the process ...

Abstract

This paper puts the legal and ethical issues of physician-assisted suicide in the context of the larger debate on privacy and the right to die, which can be divided into three constituent parts: (1) a patient’s constitutionally protected right to privacy in all matters involving end-of-life treatment decisions. So long as a patient has the mental capacity to make informed consent, the government does not have a legitimate interest to override end-of-life decisions. Critical to the analysis of a patient’s refusal of life-sustaining treatment is the burden of the state to prove a patient did not have ...

1. Why is this an ethical dilemma? Which APA Ethical Principles help frame the nature of the dilemma? This is an ethical dilemma because Dr. Yeung has an ethical obligation to maintain the confidentiality of her client but he has also made a veiled threat of violence on her answering machine. This puts her in the position of determining what threat level this message poses and if or should she override her professional duty to maintain confidentiality in order to prevent violence from happening. The APA ethical standards which frame the nature of the dilemma are Confidentiality and Privacy.2. ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

Introduction

Parliamentary sovereignty is a system of governance, which denotes that Parliament is the supreme legal authority with the sole capacity to make or end any law. The relationship between Parliament and other arms of government go as far as they do not interfere with or overrule legislations passed by Parliament. The concept of supreme Parliament was discussed by the AV Dicey in his 19th-century book “The Law of the Constitution (1885, p. 39-40).” In his view, Dicey believed that Parliament has unlimited power under the English constitution to make or unmake law in whichever way it deem fit and ...

Athens, CA

Ms. Selma James Athens, CA

RE: CONFIDENTIAL SETTLEMENT COMMUNICATION FOR DENISE GARCIA

Dear Ms. James, Our client, Denise Garcia, has given me the authority to make the following settlement offer to your client, Lisa Pope. As a communication for settlement purposes, this demand letter is confidential and is inadmissible in this proceeding or any other proceeding for any purpose. Fed. R. Evid. 408. We will await your response after you have consulted with your client and given this offer due consideration. Please contact our office with your response by April 4, at 5:00 p.m.

Facts

Ms. Garcia responded to a Craigslist ad for an apartment for rent ...

Introduction

Child sexual abuse refers to the any form of maltreatment which involves sexual contact with a minor. Under the United States of America federal and state laws, a child lacks the capacity to consent to any sexual activity (Butler, 2013, p.34). A redefined view of child sexual assault broadens the definition to include non-physical contact. The non-physical contacts include sending obscene texts messages and phone calls, sex trafficking, masturbation in presence of a minor, and production and sharing of pornographic materials with minors. Child sexual abuse occurs in a variety of settings including school, home, or in places where ...

Introduction

There are some important fundamental differences between a criminal action and a civil action. One of the most ostensible differences is the nature of the cause of action underlying the suit. As its name denotes, a criminal action is derived from a past crime that has been committed. A civil action, on the other hand, does not involve a crime, but rather a private wrong to an individual or group of individuals. Another key distinction between criminal and civil action is the parties bringing the suit. In a criminal action, the prosecution represents the people and presents the case ...

Introduction

The Constitution states that due process shall be and should be observed at all times, either in criminal or civil cases. Due process can either be substantive or procedural. Substantive due process is contained in several branches of law and refers to the government’s interference with an individual’s exercise of rights. Usually, it involves acts, matters or issues which society deems controversial. Examples of issues that have to be settled with substantive due process is the allowance or prohibition of abortion, same sex marriage and any form of state regulation which involves potentially or in any way ...

The human rights international conventions and the forthcoming obligations of the state are regarded as the primary platform for the countries to cooperate with each other. In majority cases the states as the subjects of the international relations prefer to rely on the importance of the human rights obligations in order to achieve the desirable purpose in the negotiations. In this regard, the author has the purpose to consider the notion of the relevance of the human rights to the political negotiation in form of the particular good used by the states.  According to Evans Gareth, the international community ...

Introduction

America is hailed as the land of freedom and opportunity. A large part of this freedom is that citizens have the right to speak their minds freely without fear of government persecution. Public debate is a crucial component to the American ideal of democracy and a society self-governed by the people. The principle of free speech and free expression is jealously guarded and enshrined in the Constitution. The First Amendment reads, “Congress shall make no lawabridging the freedom of speech” (U.S. Const. amend. I). Over the years, the Supreme Court has interpreted many challenging questions arising under the First ...

In consideration of the facts as presented in the scenario, before addressing the question of whether a person can be charged with multiple violations of the credit card criminal statute, there is the primary question of whether a crime was committed at all. The statute prohibits one from “knowingly” obtaining, possessing or using another’s identification of financial information. However, the facts say that the person accidentally obtained and used someone else’s credit card. Knowingly, in criminal law often refers to the understanding that one has knowledge of the facts of the situation (LaFave, 2000). For example, the ...

Abstract

The purpose of this paper is to critically appraise and evaluate whether the directors are abusing their powers and privileges based on existing laws. The study will also show whether the key duties imposed on directors by statutes as interpreted by the judiciary are being fulfilled. The article gives a detailed analysis of the duties of directors and determines the instances when they had exceeded the authority granted to them by the company, laws and statutes. Directors exercise potentially a broad range of powers in managing the company business and there are instances when they may be held personally ...

Statement of Facts

Jerry Newhouse, the plaintiff in this matter, was in defendant’s Lion’s Paint Store shopping for paint. Around 10:30 am, while Jerry was in the third aisle of the store, he slipped & fell on paint that had spilled from an open container. The manager of the Lion’s Paint Store claims that the store was unaware of the spilled paint on the floor. Store policy requires employees to check the aisles at the beginning of each hour. According to Lion’s Paint Store records, an employee inspected the floor at 10:00 am. The last inspection therefore occurred approximately ...

Horton Automatics v. The Industrial Division of the Communications Workers of

America, AFL – CIO, 2013 WL 59204 (5th Cir. 2013) Issue: Can a court set aside the order of the arbitrator according to which Ruben de la Garza is reinstated? Rule: Federal Arbitration Act, par. 10 where the grounds for judicial review are enumerated. Application: Many lawyers advise their clients to insert provisions in the covenantal agreements for arbitration that insist on the application of the law of the jurisdiction to the facts by the arbitrators and provide the sides with the right of appealing the decision if they are not satisfied with it or believe that the arbitrator exceeded ...

Rule and Approaches used by Judges when Interpreting an Act of Parliament

The statutory interpretation might be necessary in the case of complexity and when uncertainty concerning the Acts made by Parliament is required. The complexities that might occur as a result of an Act of Parliament include the "what section provides" and "within the provision" complexities. As a result of these complexities, the judges are called upon to interpret the Acts of Parliament before becoming laws to clear the mischief concerning such acts of parliament. When the judges interpret the acts of parliament, it makes the public have trust in such enacted laws. There are several instances that might be ...

Introduction

African American population has struggled tremendously for their rights and acts since the growth of American society in Twentieth century. Before the Voting Act of 1965, which was articulated voting rights to African Americans after a series of violent protests in Alabama. This was done to put an end to the White discrimination against Black Americans. Back in 2013, a part of this Act was withheld that put restrictions on making changes in the law, especially in states with history of discrimination. President Obama laid emphasis on the need to invoke that part of the law. His focus was ...

Scenario One: The essential elements of OUI conviction are 1) operating a vehicle, 2) on a public highway, 3) under the influence of drugs or alcohol). For Joe to be convicted under this statute, he must have been intoxicated and was “operat[ing] a vehicle.” There is no question that NH102 was a public highway for purposes of the statute. The vehicle portion of the statute is a key element to the OUI offense. The statute clearly states that a person must be operating a vehicle while intoxicated to be convicted of this crime. For purposes of the Motor ...

Introduction

The traditional system of the United States federal government consists of the Congress, the Executive, and the Courts. Congress passes the laws, the Executive enforces the laws, and the Courts interpret the laws. But this is a dramatic over-simplication of the way in which the government carries out its functions and duties. Congress and the President will often delegate their authority to agencies that are tasked with performing specific government functions and objectives. Because the number of government agencies is so voluminous and vast, a large body of agency law has emerged. Agencies have authority to act pursuant to ...

Organized crime has often been branded as one of the most difficult types of crimes to deal with, and rightly so, given its nature. The extreme preparedness and structuring that goes into executing each criminal activity, as well as the number of people involved in an organized crime makes it difficult for the investigating authorities to apprehend the criminals involved therein. According to Blacks Law dictionary, the most distinct feature of organized crime is the fact that it is extremely planned and systematic. It is never sudden as it involves many people acting in concert with the common intention ...

Cyberbullying

The universal utilization of the Internet, smartphones, and laptops have engendered new kind of bully on the school playground: cyberbullying. What makes cyberbullying an especially dangerous form of bullying is that it often takes place off campus. While schools unquestionably have the authority to punish bullies who threaten or harm children on school grounds, their authority to punish bullying that takes place on the Internet and oftentimes at home is a more difficult issue. As of yet, there is no comprehensive federal law addressing cyberbullying. In turn, the states have largely taken it upon themselves to define and punish ...

In the recent past, ethics in the context of employment has been considered as universal among employees in both private and public sectors. While courts have solved numerous cases related to the working environment, most ethical issues have remained unresolved. The law stipulates the guidance for making informed decisions concerning ethical issues in working environment, but such issues should also be understood beyond permissible considerations. Therefore, Employment-At-Will Doctrine maintains that in the absence of specific contractual, as well as other legal obligations that stipulate the duration of employment contract; all employees are engaged “at will.” Hence, the statement implies ...