Court College Essays Samples For Students

In contract law, terms and conditions dictate the relationship that exists between the parties and how issues that arise may be handled (Greenberg, 2001). Whereas there are express provisions that arbitration is the way of solving issues, courts tend to favor enforceability of the clauses. The contract between Osborne Development Corp and Thomas Baker and others expressly states that by signing the documents, they would be bound by the terms stipulated. One of the terms was the provision for arbitration processes.

Statutory, arbitration clause in courts are enforceable. The Federal Arbitration Act provides that arbitration clauses in contracts ...

Question 1

Cyber-vigilantism refers to the vigilantism actions taken by internet users either over the internet or by using applications that be subject to the internet. It comprises vigilantism actions meant to reduce or wipe out cyber-crimes, scams and non-internet related conduct. The main explanation for vigilantism is the lack of central authority to curb all these cyber-crimes and scams thus creating the need for reactions against such behaviors. The lack of central authority to control internet usage has been the reason for the high cases of cyber-crimes, scams that have been a problem to all users of the internet. It is ...

Question one:

Korematsu v. United States is a locus classicus case in the Constitutional law of the United States of America. The case was decided by a nine-judge-bench of the Supreme Court of the United States of America.
The suit was premised upon an executive order 9066 that was issued by the then government of the United States of America. The Order was to have American Japanese detained in internment camps irregardless of their citizenship during the Second World War. This was an order by the Commanding general of the Western Defense Command in a bid to try and avoid sabotage and espionage ...

The Chapter 15 of Abnormal Psychology: Clinical Perspectives on Psychological Disorders, Seventh Edition, DSM-5 Update provides very interesting information to me. Reading chapter 15 has enabled me to have an insight of the general principles of APA (American Psychological Association), and they are five. The ideals direct psychologists towards superior ethical standards of their profession. The first principle explains ...

Questions

Community Corrections have formed an integral part of the criminal justice system. Over the years, community corrections provide criminal offenders with numerous viable options to incarceration as a means to deter crime and promote community safety. Parole, bail supervision program, probation, intensive supervision probation and community service order are some of the alternatives accorded to offenders in different stages of a correctional process. Community corrections help to separate criminals from law abiding citizens, reduce government expenditure on deterring crime (cost-savings) and create a favorable environment to reintegrate the offenders to the society.

Probation means a period of supervision that is accorded to ...

The copy rights of the original publishers might have been violated since CCS copies and sells their original materials without permission. Copy rights laws prohibit any publications of any work without the permission of the authors expect under specific circumstances. However, CCS would defend itself on grounds of fair use policy under the copy right laws. Fair use policy allows copying part of published work for use in colleges, research, news reporting, and scholarship. Under fair use policy, the copying body does not require to seek permission from the original authors. The court would rule in favor of CCS ...

The guidelines surrounding the whole concept of interrogation were enunciated by the United States Supreme Court in the celebrated landmark decision case of Miranda v Arizona. Popularly referred to as the Miranda warnings, the police, who are arresting persons are required to abide by the guidelines enshrined there in when conducting interrogation. These guidelines are only applicable to the police in two circumstances. These circumstances include when a suspect is either under police custody or is in custodial interrogation. It is the latter circumstance that is of interest to us in this instance. Before proceeding to examine the ...

Question 1

Ex parte Miligan was a Supreme Court case in the United States that ruled that applying military tribunals to citizens was unconstitutional, when it is evident that civilian courts are still working. The case was about Lambdin Miligan and four others who were accused of stealing weapons and invading Union prisoner of war camps. The accused person was arrested and in 1864 and was charged with aiding a confederacy, inciting insurrection and conspiring to free Confederate prisoners. Miligan was arrested in his home in Indiana by the Union general the accused person was active at the time in the secret society ...

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 ...

Arbitrations, having their seat in England, are governed by the Arbitration Act of 1996, which is based on the UNCITRAL model law. The major international arbitration bodies affected by this jurisdiction are the London Maritime Arbitrators Association and the London Court of International Arbitration. However, it is also common for arbitrations that fall under the rules of other international bodies to base their cases in England. Based on a number of mandatory rules, the disputing parties are always at liberty to agree on the procedure for their arbitration or to employ institutional rules. Unless the parties agree otherwise, the provisions ...

In 1965 Congress passed the Voting Rights Act. Among a number of goals, one of the fundamental purposes of the Voting Rights Act was to protect the right of all citizens to vote and ensure that they would be no barriers for anyone to vote. In short, the Voting Rights Act was passed to eliminate voting discrimination. In 2013, the Supreme Court found a provision of the Voting Rights Act unconstitutional. In one stroke, the Court’s ruling undid almost 50 years of work in voting rights. The fear among many now is that the nation will see a return to the ...

In his 1996 State of the Union speech, President Bill Clinton stated, “If it means teenagers will stop killing each other over designer jackets, then our public schools should be able to require their students to wear school uniforms” (). The topic of whether or not school uniforms is a good idea in high schools remains hotly debated. Therefore, arguments against wearing school uniforms will also be presented.

1. Parental Views

Some parents are happy having a school uniform so they do not have to argue about what their children can or cannot wear to school. Some parents even think schools that insist on ...

Philip V. Moore

The exclusionary rule, which forbids the use of illegal obtained evidence in trial, has always been a controversial element of the American criminal justice system. Although it is not considered an individual right, the Supreme Court has held that it is a useful tool to deter against the violation of a person’s constitutional rights.
In fact, one of the fundamental reasons that the Supreme Court, in Mapp v. Ohio, made for the use of the exclusionary rule was the benefit they saw in deterring police from violating the Fourth Amendments rights of the people against unreasonable searches and seizure. Under ...

Contesting for a political position in the United States has become an increasingly costly affair for aspiring candidates. The need to attract voters through lavishly staged campaigns has led to the heightening of the amounts of money that individuals can contribute to their preferred candidates. This article explains the impact of the Supreme Court’s decision to abolish limits imposed on the election spending. The Court’s ruling was issued towards the beginning of the campaign period, and would most probably intensify the pivotal role that campaign funds plays in American politics. The decision seemed to change the Finance Law ...

Abstract

The Patient Protection and Affordable Care Act (ACA) of 2010 aim at improving the health status of the population by increasing insurance coverage. It is a vibrant healthcare reform but contains controversial provisions as it expects citizens to pay uphold the insurance cover or face stiff penalty. I discussed the constitutionality of the Act by analyzing specific decisions made in courts of law. I found that the Congress overstepped its mandate and activated “inactivity,” forcing citizens to purchase insurance. The Supreme Court will conduct an assessment on the act and settle on a final ruling that is vital in transforming the ...

Criminal Law

CRIMINAL JUSTICE
Question No. 1
The use of less lethal weapons such as the pepper spray and conducted energy devices or CEDs, such as the Taser had been widely popular in the police force. The use of Taser increased in significantly for the past decade and reports have shown that 15,000 law enforcement and military agencies make use of these less lethal weapons. However, the use of Tasers had created a controversy in relation to allegations of overuse, intentional infliction of harm to the accused and in-custody deaths. Some claim that police commit intentional abuse of these ...

The Growth of Mediation in Family Law Cases

Introduction
Many people claim that the United States of America is a litigious society. There are many reasons for the large amount of litigation in this country. Some of the reasons given for a large amount if litigation is that the law in this country is more developed, lawyers are more rampant; people are willing to sue for more reasons, and more. With the large amount of litigation hitting courthouses today, there has been a move in recent years to cut back on the number of lawsuits and court cases in the United States. Alternatives have been presented for taking cases ...

Doe V. City of Intrusia

In 2014, the government, acting on the suspicion that the petitioner was processing and selling proscribed substances, requested the local cell phone carrier to clone the cell phone of the petitioner Joe Doe. Subsequently they gained access to text messages sent and received by the respondent. Based on this evidence, the petitioner Joe Doe was tried and convicted under an indictment charging various illegal transactions in narcotics. Doe has appealed his conviction claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all data from the text messages should have ...

Vs
Frederick Friesenhahn, Nancy Friesenhahn and Todd Friesenhahn, Appellees (911 S.W.2d 113)

Summary of Facts

This is an appeal arising out of a judgment delivered by the District Court in Bexan County in the United States whereby a summary judgment was awarded in favor of the respondents. The Parents of Sabrina a minor who was involved in a car accident and died as a result, brought an action against the parents of a fellow minor who had organized the party which she was from when the accident and death occurred.
Their claim was based on the fact that the deceased who was a minor was intoxicated on ...

Campbell v. Acuff-Rose Music (1994) was a case decided by the United States Supreme Court in 2001, and was an extremely important decision regarding copyright fair use.
The case was based on a copyright infringement dispute over the song “Pretty Woman,” written and registered for copyright protection in 1964 by Roy Orbison, and famously associated with the motion picture of the same name. In 1989, the music group 2 Live Crew created a version of “Pretty Woman” which used the title lyrics and the opening instrumental riff of Orbison’s song.
Originally, 2 Live Crew (and the group’s publisher, ...

The evidence of a spouse cheating on another has the potential to cause serious ramifications in a family court proceeding. Incriminating evidence is required especially where one spouse seeks alimony from the other. If the evidence passes the admissibility test, the dependent spouse might be absolved the legal obligation to pay alimony. The recent developments in telecommunications technology have made it possible to get concrete prove of the spousal misconduct, especially inequitable determination and custody of a child.
The acquisition of extra marital affair of a spouse through wire taping is a contentious issue. Contemporary legal scholars and legal practitioners have differed on ...

Introduction

Being a brigadier general, a lot of interest surrounded his case. People were curious on how the court would handle a case against the former U.S commander in Afghanistan. He was facing charges of sodomy, adultery; general social misconduct to mention the least. Jeffrey Sinclair was required (by the court) to pay $20,000 and an additional $4,157 as restitution fee. All this happened amidst constant concerns being raised by the public on how well (or otherwise) the military performs in as far as addressing harassment targeting women and sex crimes are concerned (Zoroya, 2014).

Ethical issue

Brigadier general Jeffrey Sinclair is a high ...

Texas Judiciary is one of the most flawed Judicial Systems in the world. Those holding Judicial positions campaign to get elected. This includes court Judges to the Attorney General. The elections are partisan involving two major political groups, the Democrats and Republicans. The political affiliation of the judges and other holders of office affect their competency. This has been displayed in past rulings where judges do not seem to follow substantive or procedural law in making their verdicts (Dead Wrong, 154).
During the campaigns, candidates are funded by their parties. This consequently that when a candidate is elected to ...

Inmate Rights

Inmate Rights and Prisons
Part 1: Supreme Court decisions
Helling v. McKinney (91-1958), 509 U.S. 25 (1993).
A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future ...

Should Punitive Damages Be Introduced in International Law?

Introduction
Different countries often have different legal policy in both their criminal and civil law systems. These differences often arise from differing social, economic, and political climates that lead to fundamental policy differences. In the area of civil the law differences in legal systems of different countries often reflect the individual countries’ beliefs as to the types of claims that should be recognized. Furthermore, legal systems across the globe often differ about the types of damages they are willing to recognize. One area in which there is a significant difference in the type of damages one can be awarded ...

Business and the Legal Environment

Acme markets, Inc employed 36,000 people and operated with about 16 warehouses but in 1970 they got a letter containing details of the problems with rodent infestation. Thus, after Mr. Park got the letter, he was able to meet with the vice president and was assured that he was being investigated for the problems affecting the firm, and later correct measures would be taken. Thus after investigation was complete, it was found that the firm had some improvement in the facility but there was still infestation of rodent (Jennings, 2012). As a result of this, the firm was charged with ...

Facts

This is a case of Byrne (P), an ordinary citizen walking in front of a flour shop which was under the ownership of Boadle (D) when a barrel containing some baking materials fell from the defendant’s window, directly hitting the plaintiff and making him sustain serious personal physical injuries. The plaintiff filed for charges against Boadle before the court under the grounds of negligence of duty.
There were several people who witnessed the incident which caused the plaintiff to sustain injuries, including some of the defendant’s flour shop employees. Aside from the obvious and legal medical services-backed evidences of ...

Daubert vs. Merrell Dow Pharmaceuticals, Inc.

Argued March 30, 1993

Decided June 28, 1993
Parents of two little children filled a complaint stating that medicine, produced by Merrell Dow Pharmaceuticals, Inc. and taken by children’s mother during the pregnancy caused children’s serious birth defects. During the trial, both sides had expert witnesses. The expert witnesses of Merrell Dow Pharmaceuticals, Inc. presented statistical data, scientific articles and analysis of the medicine that proved that it does not influence woman’s pregnancy at all. On the other hand, expert witnesses of the Dauberts provided the court with “reanalyzed” data, results of experiments on ...

Psychology of Gender, Race and Ethnic-Based Crime

In some of the cases, gender, race and ethnic based violence could be linked to psychology problems. The nature and extent of the crime reveal something about the behaviour of the suspects and their motives.
On the 14th March, the USA today published an article that shocked many. A woman had killed her husband using antifreeze poisoning. This essentially led to her conviction; possession of the murder weapon during a felony and also first-degree murder. From the autopsy of James Baker (the victim), the court learned that his wife had been serving him with small doses of ethylene glycol. ...

March 014

Since the mid of the 20th century the first amendment right of the students has been in controversy. In its decision the Supreme Court stated the students not to “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” on the Tinker vs. des Moines case.
Right to free speech plays an important role to achieve healthy democracy in a free society. New communication sources including internet have expanded the ability to express oneself and share information and participate in social and democratic political processes.

Difference between right of journalist in public and private high school

Thomas Jefferson, “Speech limited is speech lost”, the students must ...

The use of plea bargaining is famous in legal systems as it justifies the principle of judicial economy. The purpose of the judicial system is to bring to an end cases in a fair, efficient and quick manner. In the absence of plea-bargaining, there will be an eruption of cases and this result to over taxation of the citizens and disruption to the legal system. With limited funding, plea bargaining is a very powerful tool and solves congestion of cases. In addition, the judges get more time to handle the critical cases (Baker & Mezzetti, 2001).
Since time immemorial, it has ...

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

DIVISION FOUR
189 Cal.App.4th 1155 (2010)
117 Cal. Rptr. 3d 126

MICHAEL HOWE,

Plaintiff and Appellant.
vs.

SEVEN FORTY TWO COMPANY, INC.,

Defendant and Respondent.
Facts
On the 26th June 2008, the Plaintiff/Appellant, Michael Howe, suffered injuries when he fell off the ground after sitting on a counter stool at a restaurant owned by the Defendant/Respondent. Each of the seven counter stools in the restaurant was fastened to a metal base that was fixed onto a raiser that was fastened to the ground. Ever chair was fastened onto the metal base using three wood screws. The screws to the chair that the Plaintiff sat on ...

Indeed, the judge stepped over the line when he criticized the mother of the offender. The rationale behind it is that the mother is innocent with regard to the crime, and might have raised her on in a good way, but the son might have failed to listen to her. The judge has a right to pronounce a sentence as a punishment to the sexual offenses committed by the offender. However, he can only accuse the mother or parent of the offender upon realizing that the offender had been behaving in the same manner in the past and under the watch of the ...

In the court-case Dudley and Stephens vs. Regina, the defendants are charged with a boy on the high seas after being marooned for twenty days, without food and using his remains for food. The case presents a moral dilemma where the court has to determine to which extent a man can go in a bid at preserving their life. While the men presented a coherent argument, that they would have all died if they had not consumed the boy, he was weakest among them, and would have died altogether, the court found them in contravention of the law. The boy did not contribute to ...

In this presentation, I will be making a presentation to the court seeking an arrest warrant against one Damien Jones following the murder of Paul “Shorty” Alcorn. I have sufficient evidence to enable me to present a prima facie case against the said accused person. That evidence ranges from police reports regarding the homicide, police reports regarding the robbery with violence; we have forensic reports and also the analysis of the forensic reports. In the analysis of the forensic reports, we will be looking at the various pieces of evidence including documentary evidence. We also have the various property records of ...

Inmate Rights

Inmate Rights and Prisons
Part 1: Supreme Court decisions
Helling v. McKinney (91-1958), 509 U.S. 25 (1993).
A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future ...

Educational Institution Name

PLEA BRAGAINING IN THE COURT SYSTEM 2
Abstract
Plea bargaining is used very often in the criminal courts to assist the court system in addressing the problems associated with long trials. In a plea bargain, the prosecutor and the defendant agree to a lesser charge or a reduction of charges in exchange for a guilty plea. Both sides must agree and must be approved by the judge before the plea bargain will be entered. Plea bargains are viewed as beneficial in that they reduce the lengthy time, expense, and uncertainty of going to trial for both the defendant and the prosecutor. ...

Introduction

Guardian ad litem is appointed by the court in cases where inn the process of dissolution of marriage there is a question as to who, between the two parents, is entitled to the custody of the child. In my role as a guardian ad litem in the case of Cathy, a 12 year old girl whose parents are terminating their marriage, there are several issues that I need to put into consideration. The information I have so far is that her mother, though a chain drunkard loves her a lot and is always ready for her assistance whenever she needs it. Her father, on ...

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Ryan v. Friesenhahn

198 A.D.2d 592, 603 N.Y.S.2d 237
N.Y.A.D.,1993.
198 A.D.2d 592603 N.Y.S.2d 237, 1993 WL 450866
Stephen G. RYAN and Sandra Ryan, Individually and As Natural Parents of Sabrina A. Ryan, a Minor, and Stephen G. Ryan, as Temporary Administrator of the Estate of Sabrina A. Ryan, Deceased, Appellants,
v.

Frederick FRIESENHAHN, Nancy Friesenhahn and Todd Friesenhahn, Appellees.

(October 18, 1993)

CITE TITLE AS: Matter of Ryan v. Friesenhahn

The 225th District Court, Bexar County, Carol R. Haberman, J., granted summary judgment for defendants, and plaintiffs appealed. The Court of Appeals, ...

Paste your previous work here

The Role of a Probation officer
The probation officer has been answerable for overseeing probationers since the former Probation Act of 1925 and for directed discharges since the Sentencing Reform Act of 1984. With the passage of the Federal Courts Administration Act of 1992, it is further stipulated that the probation officer could likewise regulate federal offenders restrictively discharged under the procurements of 18 U.S.C. 4243 and 4245. The Federal Criminal Code and Rules sets onward the different duties and obligations of the United States probation officer in 18 U.S.C.§§ 3552 and 3603 and in Rule 32(c), tagging ...

1. Brief description of the main functions of European Union institutions
According to the article 13 of the Treaty of the European Union, the European Union (EU) is governed by the seven institutions: the European Parliament, the European Commission, the European Court, Council of the European Union, European Council, European Central Bank, European Court of Auditors. (Treaty on the European union, 1992)
The European Commission is the highest executive body of the European Union. It`s main functions are: implementing of the decisions of the Union, monitoring the compliance with its laws and, if required, initiating of a ...

The district court for El Paso in Texas is known as the U.S. District Court for the Western District of Texas. The court is located in the Magoffin Avenue. Despite the prowess of the court in handling major cases, it is not allowed to handle appellant cases. Instead, these cases are handled by the Fifth Circuit court in Texas (U.S. Court of Appeals, 2014).
The court has previously handled nursing related cases such as misdiagnosis, surgical errors, medication errors, birth injury, as well as anesthetic errors. The court aims at proving whether the defendant was guilty or innocent. ...

The Supreme Court was justified in overturning the decision of the trial court regarding the construction of the Tellico dam. The wording of the Endangered Species Act was clear in its plain meaning, and there was no exception as to the construction of the dam. If the congress by drafting the Act had intended to exclude the construction of such projects in protecting endangered species, nothing would have stopped them from making that provision in the Act. The exception was not necessary either. The protection of endangered species overrides any other project that may be initiated at the ecological ...

The congress splits the country into territorial district. After splitting, the congress creates federal court that is functional in every district. The structure is headed by the Supreme Court, thirteen court of appeals, 94 districts (reflecting the total number of districts) then two special courts. According to the constitution of United States, congress has the power to create and abolish any federal court. The structure of the federal system has direct influence on the process of application of the bill of rights. Well, in this paper, we are going to discuss how the structure affects the application of bill ...

Psychology

In the article of Eckholm, he focused on the importance of juvenile courts by explaining how the juveniles face lifelong sentences despite the Supreme Court decisions that are favourable to the minors. In fact, the U.S. Supreme Court in its recent decisions in 2010 and 2012 prevented to use the mandatory life sentences on youth offenders who had been convicted with murder by explaining that they are less culpable compared to adults. This is in accordance to the concept of restorative justice, where the juvenile delinquents should be given the chance to redeem themselves (Eckholm, “Juveniles Facing Lifelong Terms ...

Nursing

LEGAL AND ETHICAL ISSUES
1.) One of the compelling rights addressed by this case is medical autonomy. The right to autonomy gives the patients the opportunity to exercise reason which means rational reasoning based on a good ground of knowledge and understanding (Coggon and Miola, 2011, p.529). Every person has the right to make autonomous decision and engage in moral concepts. Liberty and autonomy go together. The importance of liberty is the freedom to act in accordance to autonomy. Agarwal and Murinson (2012, p.3.) stated that patient autonomy refers to the patient’s right to the involvement during the ...

United States v. Leon 468 U.S. 897 (1984)
In August 1981, Burbank police received information from a confidential informant about the drug activity of two suspects. Based on that information, the police initiated an extensive surveillance of the residence and persons mentioned by the informant as being involved. Police surveillance revealed a number of others persons, most with criminal records, entering and leaving the surveilled residence with “packages” of varying sizes. A police learned that one of the persons seen at the residence had listed an Alberto Leon as his employer. A check of Leon’s record revealed that he ...

American Past

Bridget Bishop was the first woman to be hanged during the well-known Salem due to accusations that she practiced witchcraft. The case against Bridget Bishop includes deposition taken mainly from lay people who came forward to accuse the Bishop Bridget of witchcraft. She had some of classic attributes that made her New England neighbors to incline being associated with the witch. She was alienated from the religious faith of the community because she never attended worship services. Moreover, she ran a tavern where excessive drinking and game playing were common. She was seen as embodying relaxed sexual traits because deponents ...

Citation: 376 U.S. 254 (1964)
Vote of the Court: It was a unanimous decision by all nine justices with two concurrences for the New York Times Company.
Legal Issue(s): Do the First Amendment protections of free speech and freedom of the press include false or libelous statements? To what extent can state courts apply their own rules of law in regards to their interpretation of libel law?
Procedure of the case: The case was first tried in the Montgomery County Circuit Court in Alabama. The jury entered a verdict against the New York Times. The New ...

Uniroyal Goodrich Tire Co. v. Martinez
Briefly explain the opinion. Which of Martinez's claims were successful and which were not? Why (what was the court's legal explanation)?
In this case, Martinez brought forward three claims.First, he claimed strict product liability based on defective design of the tire. Martinez also claimed negligence and gross negligence. In their ruling, the jury found that the defective design of the tire contributed towards the Martinez injuries. The jury did not find Ford and Budd guilty of producing defective rims; however, the jury argued that Goodrich was not only guilty of ...

There are two major types of contracts; written and unwritten. Unwritten contracts are also known as oral contracts. Written contracts are usually a signed agreement between the parties. Written contracts prevail in courts of law over oral contracts when there is a dispute. Some contracts are partly written and partly oral.
I have come to appreciate the purpose of the contract in my personal life. Contracts allow parties to enter into business deals within the scope of the law. Contract formation acts as the evidence for the formation of the contract. Contract formation helps the parties to the contracts to ...

Abstract

Job analysis is an important feature of strategic human resource management. Job analysis can be understood as the process of analyzing used in the work place to classify and describe jobs (Brannick, 2007). Job analysis is used to collect information about the responsibilities, duties, necessary skills, work environment and outcomes of a specific job. Job analysis is also the thorough examination of tasks that make up a job. Job analysis seeks to find:
- What a worker does (duties and tasks)
- How the worker does it ( methods, tools and techniques)
- Why the worker does it ( products and ...

The constitution remains emphatic on the need of freedom of speech in a democratic environment. Citizens need the right information to enable them perform their civic duty. The freedom of expression promotes individual self-realization and remains essential in the search for truth (Laraia, 2009). People’s freedom of speech enables them to participate in shaping the public affairs of a country. Failure to provide this right of freedom of speech a free society can fall in a retrogressive regime. Curtailing the freedom of speech can negate them the opportunity of making their contribution in the society.
Prior restraint suggests government restrictions on ...

“For the time being and notwithstanding the various challenges to it parliamentary sovereignty remains formally intact as a matter of law.” Discuss the above statement. What is the significance of parliamentary sovereignty to the UK constitution and has the doctrine has been weakened by constitutional changes?

Introduction

The principle of Parliamentary sovereignty is based on the notion that Parliament represents the will of the people. The courts have upheld the view of the sovereignty in the past more than 350 years. The above statement in the title refers to the dilution of the concept of Parliamentary sovereignty with the advent of ...

Marbury v Madison, is an early precedent that has been used to support judicial review. It demonstrated the responsibility of all arms of government as far as the preservation of constitutional values is concerned. It gave the courts the mandate to rule on the constitutionality of a legislative act. This has discouraged the legislature from voting in bills that are repugnant to the Constitution. This is by indicating that those acts that are repugnant to the constitution are not fit to be laws of the land. This is a great indicator of the superiority of the constitution.
The decision and ...

Criminal Law

Blond (2009, p.164) stated that the best evidence rule expresses a preference for the use of original documents, instead of using reproductions. This has been known as the original document rule. The best of evidence rule only applies if it is being offered to produce the contents of evidence presented in court. The proponent of the writing seeks to prove its contents and that the writing is closely related to a material issue. In order to comply with the best evidence rule, the proponent of the evidence should produce the original document. If the producing the original is not possible, it ...

Managerial and decision making

Decision Making
Decision making processes occur in different organizational levels and communication patterns depend on the role played by the decision maker. In Washington, the Supreme Court appended same-sex duos that are married are entitled to federal benefits though there was no constitutional right stated. However, this ruling only gave permission to married couples in that state only. On June 26, 2013, the highest court having been asked to determine the constitutionality of section 3 of DOMA (Washington Post, 2014) gave them the leeway to federal rights. With such a decision at hand, the court personnel had to use ...

The Supreme Court of the United States

Joseph Oncale, Petitioner v. Sundowner Offshore Services,
Incorporated, et al No. 96-568
December, 3 1997, Argued
Type of Action
It was a civil suit on employment law involving case of discrimination.
Facts of the Case
In October 1991, Joseph Oncale (the Petitioner) was working on a Chevron USA Incorporated oil rig in the Gulf of Mexico, for a company called Sundowner Offshore Service. He is one of the roustabouts in a crew of eight. While in employment, he alleged that on several occasions he was subjected to humiliating actions that were sex-related by his colleagues and in ...

It was personal resentment towards Socrates that brought him apologizing to the Athenian judicial system, than anything else. Socrates was charged for being a sophist for his way to present the weaker arguments as the strongest, and physicalist because he investigated things that lie in the skies and beneath the earth. However, Socrates responds with masterly eloquence. He says that that the most dangerous Athenian citizens are those who manipulate young minds and fill them with falsehoods about “one Socrates, a wise man, who speculated about the heaven above, and searched into the earth beneath, and made the worse appear the ...

(a) Voidable marriages are those marriages which exist in the eyes of the law and shall remain valid until annulled (Lim 18). Under the Section 20B of the MCO, the parties who contracted a voidable marriage will enjoy the rights and the duties of a married couple until a decree of nullity has been made absolute by the court. The difference between a void and voidable marriage is that in voidable marriages, even if there are factors which exist to make a marriage voidable and the parties are allowed to choose to continue with the marriage despite the existence of the factors. However, in the ...