Andrew and Celeste whether the relationship is a partnership In the case of Andrew and Celeste the issue is whether there exists any partnership relationship that binds Celeste when she says she will not pay for any of the exotic raw ingredients pur Continue Reading...
Mitsubishi should also be transparent about any defect error that comes in their product. In this way, they would be able to avoid the gigantic loss, which occurs in case a company's product line fails, or a company faces lawsuits in case of a defe Continue Reading...
Jurisdiction is not simply of the personal variety; when attempting to sue someone, one needs to find someone who has both personal jurisdiction over them as well as subject matter jurisdiction. All states have for the most part, given their courts Continue Reading...
Sexual harassment can be legally defined as "verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort o Continue Reading...
Burlington School Comm. V. Mass. Dept. Of Ed. (1985) Compensation for learners with extraordinary requirements that is not provided in the states education laws bring costs to parents and the laws do not provide for compensation of this. Termed 'com Continue Reading...
Trenton School The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly c Continue Reading...
Healthcare Legal Issues: Care and Treatment of Minors The evolution of the hospital is a unique social phenomenon reflecting societal attitudes toward illness and the welfare of the individual and the group. Hospitals existed in antiquity, in Egypt Continue Reading...
Conclusion In understanding the facets of a PFI/PPT construction endeavor, one must first understand the aforementioned facets of the partnership that will come into play from the construction project's inception to its completion. The decision to Continue Reading...
Ethics of War: Justified and Unjustified War When countries launch hostile military actions against other nations to the point where war occurs, the belligerents will inevitably have fundamentally opposing views concerning the legitimacy of the conf Continue Reading...
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
Exclusionary Rule The Future of the Exclusionary Rule The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...
It can also be reasonably concluded that the implied representation induced Client to purchase the watch as he would not have paid $12,500.00 for a watch that was a fake. As the watch was not a real Beckham watch, but instead a cheap copy, Seller's Continue Reading...
Limitations of the Research or Gaps A Critical Analysis of the Business Judgement Rule under the Australian Corporation Law There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldw Continue Reading...
Business Law The Differences between Civil Law and Criminal Law: To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and t Continue Reading...
Whistle-Blowing The question of the responsibility and/or ethical duty of an employee to blow the whistle on an employer have been the subject of much discussion. Some would argue that there is an ethical duty to respond and 'blow the whistle' when Continue Reading...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
Criminal Law Chapter 11 (The Law of Torts) Factual Scenarios for Case Analyses During class on Wednesday, while showing a movie, Professor sees smoke and smells odor of marijuana from the back of the class. When she turns the lights on, she could n Continue Reading...
The company then needed to use proxy servers in order to access eBay's site. The tort was that such actions resulted in dilution of eBay's mark and damage to eBay's reputation (eBay v. Bidder's Edge, Inc.). There is a strong likelihood that the same Continue Reading...
Qualified privilege has the same result as absolute privilege, but does not protect statements that can be proven to have been made with malicious intent (Pember, & Calvert, 2005). The church would argue that they had a qualified privilege to c Continue Reading...
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. Building on a plot of land is a fixture that is considered part of real prop Continue Reading...
Rising Cost of Medical Malpractice: The Impact of Medical Insurance on Patients and Physicians The purpose of this study is to examine the extent to which rising medical malpractice premiums have affected the quality care provided by physicians. Res Continue Reading...
"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provi Continue Reading...
3 million buildings and plots of land. If it can conservatively be assumed that a minimum of five persons are affected for each business and a minimum of two persons for each building, then some 5 million people are directly involved in property-rest Continue Reading...
Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' Continue Reading...
They would subsequently call them at home, leave literature and fetus dolls at their door, and even call families and distant relatives of the patients to inform them of the patients' plans to ask them to intercede. The Pro-Life advocates argued tha Continue Reading...
Tort of Negligence with regards to business law. The discussions will particularly focus on areas that affect business decisions and any underlying law principles that have any effect on the same. There is also a section that looks at some of the so Continue Reading...
The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and Continue Reading...
Student's Responsibilities in School Safety Simple everyday actions are effective in reduction of school crime. (Annual Report on School Safety, 1998) Those actions are: Behave Responsibly: Students can resolve problems and disputes in a non-viol Continue Reading...
The Leblanc alkali production processes were especially pernicious, but they followed along the lines of previous industrial processes. In other words, the first British environmental legislation was a response not so much to a qualitative change in Continue Reading...
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1) Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in compa Continue Reading...
Bobby and Rachel Liability There is potential liability on the part of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General Hospital. In this essay, the author will consider each party's responsibility and pot Continue Reading...
Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contr Continue Reading...
In addition, a New Jersey Court decision (Jerkins v Anderson, 2007) found that schools have a duty to provide reasonable supervision and care not only at school and during school times but at school release times as well. They must adopt a reasonabl Continue Reading...
Business Law Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts. Referring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause Continue Reading...
This indicates that the government must take necessary measures to limit or reduce the extent of criminal activities within the economy. This can occur through legalization of human smuggling while tightening the rules and regulations governing prop Continue Reading...
Legal Ethics Surrounding the Love Canal Tragedy Love Canal Law/Ethics In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Departme Continue Reading...
Considerations Stress and grief can make it hard to reach sensible decisions." The Issue of Arbitration in Family Law Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. Continue Reading...
H's claim with an HMO plan is the need for individuals to remain within the network to receive care. Initially, Mr. H was denied coverage because he did not get a referral from his primary physician to see a specialist. The original treatment to whi Continue Reading...
Small Business' Need for a CPA One of the critical investments a small business can make to mitigate loss and risk is hiring a CPA and putting that CPA on the 'management team.' As Wells notes in his groundbreaking research, "Denise, a bookkeeper Continue Reading...
Internet Personal Jurisdiction Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with Continue Reading...
