Big Time Toymaker and Chou over an agreement to distribute a new strategy game. Some of the areas covered are whether or not a contract existed between the two parties, objective intent, and how e-mail comes in to play with enforceability. Also we s Continue Reading...
Legal Brief: Hotjox Magazine Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olym Continue Reading...
That is the beauty of the successful and rising platform established through successful investments; it all becomes quite circular. Then, by reinvesting and refinancing earnings, everything becomes stronger. Just as easily, however, this corporatio Continue Reading...
Employee Privacy The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an emp Continue Reading...
But what about Bush v. Gore? Can this case be considered as anything more than a national embarrassment and one that, on its own, created a precedent for the alleged electioneering abused four years later? Bartley contends that Bush v. Gore was a Continue Reading...
The statute applies even where there is no actual government reimbursement. The opportunity to invest in a "private-pay only" joint venture may, in some circumstances, constitute an inducement to physicians to refer patients to the joint venture p Continue Reading...
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
While the "quality and the craftsmanship [of Tiffany & Co.'s products] must stand the test of time," the conscience of a socially responsible attitude towards its products becomes an even more important element in order to make the customers app Continue Reading...
Huber v WalMart In the United States, the 1990 American's with Disabilities Act (ADA) was a huge step forward in Civil and Individual Rights that protects against discrimination and requires access to all public organizations. To broaden this, the A Continue Reading...
The first trial for the two began on September 29th, 2003. The trial was not concluded as one of the jurors had complained of been pressurized to convict the two former executives. The retrial was conducted, and the jury reached its verdict on June Continue Reading...
Lbs Homework 2 (9/22) Terrett v. Taylor, 13 U.S. 43 (1815) Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? Taylor and other members of the Episcopal church o Continue Reading...
Contract Law For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming Continue Reading...
Moving Targets: Placing the Good Faith Doctrine in the Context of Fragmented Policing" by H. Aviram and J. Seymour (2010) In the United States, due process of law is guaranteed by the Fifth Amendment and applies to all citizens by virtue of the 14t Continue Reading...
After all, Ernesto Miranda who was the namesake of the Miranda Rights was a rapist and a guilty one at that. He was retried after his confession was tossed and he was re-convicted as were many of the other people that had their convictions overturne Continue Reading...
U.S. Courts Until Bob Woodward wrote his book, The Bretheren: Inside the Supreme Court (Woodward, 1996), the inner workings of the United States Supreme Court were considered off-limits. For nearly two hundred years no one had the courage to investi Continue Reading...
Meanwhile the country in alleged violation may continue their activity until a final decision is made. It may require the cooperation of several countries willing to step in and force change (Basu 2001). The ILO regime is a concerted effort to enfor Continue Reading...
Actions Lawsuits in Employment Sex-Discrimination Lawsuits: When are they Appropriate? The class action lawsuit is a somewhat controversial tool, particularly in the case of employment discrimination. In many ways, it is a hallmark of judicial effi Continue Reading...
348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders [1969] VR 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must inclu Continue Reading...
I do not approve of reading so many books. The method of examination is a method of dealing with the enemy. It is most harmful and should be stopped" (Johnson 1992:552). Mao wanted control of China's destiny -- and he wanted that destiny out of the Continue Reading...
Entrapment Defense: Case Brief One: Sherman v. United States Facts: An undercover agent and the defendant originally met in a healthcare facility where they were both undergoing treatment for drug addiction. The government informant ultimately ask Continue Reading...
The Court did not address the issue of when, if ever, a province's public health plan under the Canada Health Act, R.S.C. 1985, c. C-6, is required to provide treatment outside of those core services administered by doctors and hospitals because res Continue Reading...
There are many companies today that are being run very successfully, by women. Women are just like men they want to succeed in the workplace and working at Wal-mart does not change this. Wanting to do well at a job is human nature and is not just re Continue Reading...
This could be something like another computer picking up someone's credit card number during what was supposed to be a secure transaction, or an employee of a company giving out a person's confidential information over the phone to someone who is no Continue Reading...
Do not sit on the bottom of the tub, this causes too much bending of the hip. Use liquid soap to avoid dropping the bar of soap. A long-handles bath sponge will help in bathing below the knees." The necessary precautions for the post-operative hous Continue Reading...
Johnson Controls, Inc. (886 F.2d 871 (7th Cir. 1989). The Supreme Court heard this case because they were concerned with an employer's gender-based fetal-protection policy. The question was whether an employer could exclude a fertile female employe Continue Reading...
Misrepresentation, 2010: Duty and public notice in the UK, PLC The audited financial statement prepared by Bumble & Co, on behalf of Horizon PLC 'made public' the performance of the corporation: reporting earnings of £10 million. Where pu Continue Reading...
HLA Hart and Modern Legal Positivism H.L.A. Hart is one of the important names in the history of legal theories. In our class reading, Hart talked about past strict positivists and changed legal positivist theory for modern thinking and experience. Continue Reading...
The play "Inherit the Wind" changes the real-life script. In the real "Scopes Monkey Trial" Clarence Darrow defends John Scopes and William Jennings Bryan serves as the prosecutor. This was a clash of legal titans, if you will, because Bryan had ru Continue Reading...
Rosie the Courtroom Dog Should therapy dogs be allowed in the courtroom as support for victims? Rosie the courtroom dog was cute, fuzzy -- and controversial. "Rosie is a golden retriever therapy dog who specializes in comforting people when they ar Continue Reading...
Issue Of fundamental concern to the Court in Goss was the issue of procedural due process as opposed to substantive due process. By not providing a formal or informal hearing for the students explaining the reasons for suspension, and not offering Continue Reading...
DELL INC. FRAUD Business practices came under fire when America's seventh largest firm Enron collapsed due to unethical accounting strategies. This case triggered a series of unwelcome events where one after the other, large organizations in the U.S Continue Reading...
Plus, where and how the plaintiff's injuries occurred in Margreiter are far more questionable than how the plaintiffs in Nordmann occurred. There is no doubt that the plaintiffs in Nordmann were injured in the hotel while the possibility exists that Continue Reading...
Legal Concept of Relevant Evidence Brady v. Maryland, 373 U.S. 83 (1963) Facts: Defendants Brady and Boblit were convicted of murder by the state of Maryland, with Brady admitting participation in the crime but stating that Boblit committed the act Continue Reading...
However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purpos Continue Reading...
Neo-Liberalistic Legal Concepts on Nations With Distinct Legal Tradition (Common, Civil, Socialist) This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: M Continue Reading...
A lot of critical information on the duty of care and its itinerant duties is located on every Secretary of State website in each state's corporation statute regarding the duties of care and loyalty. But the discussion until now has dealt (in a lo Continue Reading...
Harmonization of International Civil Procedure and International Commercial Arbitration The objective of this study is to address the idea that when all the recently formulated harmonization instruments relating to transnational commercial litigatio Continue Reading...
The purpose of such bifurcation is the enabling of the parties to the arbitration to maintain control of the impact of the Shariah in the law that they choose for arbitration. Middle East states that have not removed religion from their rules of arb Continue Reading...
Costco Corporation Statement of Ethics Our Mission is to offer our members quality goods and services at the lowest possible prices (Data monitor, 2011). In order to realize our mission, we will execute our business with the following Code of Ethic Continue Reading...
Statutory interpretation is indeed a crucial issue in English law and an aspect of the legal system which definitely is controversial and ambiguous at times. Professor John Willis memorably and successfully analysed statutory interpretation in a famo Continue Reading...
