Daytime TV reality shows have become an important part of our society’s entertainment, legal and education system. They give us an impression of how exactly the real courtroom would look like and what we should expect in case we get embroiled in similar law suits. While some of the TV court shows are not real and involve fictitious characters such as judges, litigants, and court clerks, most of them like The People’s Court and Judge Judy involve real characters. The People’s Court TV Show, for example, has real parties who have instituted a civil case in ...
Plaintiff Reports Samples For Students
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IRISH EQUITY LAW
IRISH EQUITY LAW
The Mareva injunction is a very powerful remedy which if improperly invoked will bring about an injustice, something that it was designed to prevent’
Introduction
- Definition of Mareva Injunction:
A Mareva Injunction is defined “as an injunction which freezes a defendant’s assets, preventing their dissipation, and ensuring that they shall be available to the plaintiff, in the event that the plaintiff succeeds in the trial of action.”
In the case of Bank Mellat v Nikpour, the judge described Mareva injunction as “one of the law’s two nuclear weapons”. In O’Mahoney v Horgan ...
What were the legal issues in this case? What did the appeals court decide?
A lawsuit was filed by David Dunlap against Tennessee Valley Authority or TVA under Title VII of the Civil Rights Act of 1964 for racial discrimination during selection of candidates. The district court found that the plaintiff Dunlap has endured discrimination under both disparate impact analyses and disparate treatment, stating that the subjective hiring process of TVA allowed racial discrimination against Dunlap and other colored applicants.
The Court of Appeals decided that although there was enough evidence to show that TVA was guilty of practicing disparate treatment, there was not sufficient proof to corroborate disparate impact. Taking into ...
Trademarks are some of the many intellectual property rights that are protected under the UK property rights law. Specifically, trademarks are governed under the Trademarks directive. In the case at hand, L’Oreal v Bellure, who is the defendant produced fragrances that were similar in smell to those of the plaintiff Chic SARL who made expensive fragrances for the high-end markets. Loreals fragrances were however marketed in the low end markets and cut chemists so as to appeal to the low income earners. The intention of loreal was to ensure that her products appeared like expensive brands so as ...
1. Define the term law and describe the three sources from which law is derived
Law is a system of principles and processes by which people handle disputes and problems with the aim of settling them. In other words, laws are rules of conduct that government enforces and if these are violated, it imposes penalties to violators. There are two kinds of law: public law (which deals with the relationships between individuals and government) and private law (which deals with relationships among individuals).
The three sources of law are:
Common law refers to a body of principles stemming from judicial decisions which in turn arise from ...
Business Law
promissory estoppels in Business contracts
Introduction
Miller (2013, p. 173) stated that the doctrine of promissory estoppel also known as “detrimental reliance”, shall give any person who has reasonably and substantially relied on the promise of another to acquire some measure of recovery. At present time, the doctrine of promissory estoppel has been used in different contexts by the court that allowed the recovery of a promise despite lack consideration on the promissor. The doctrine enabled the court to enforce an unenforceable promise that will prevent the miscarriage of justice to those who suffered losses and damages. In order for the ...
- Linda Dillon complains that he employment in Champion Jogbra ended with wrongful termination and that the court previously judging her case erroneously granted summary judgment to defendant Champion Jogbra Inc. The legal issues that the plaintiff invoked in the case were the promissory estoppel, and the modification of the at – will employment status in Jogbra’s employment manual and employment practices, considered implied contract. Dillon sustained the promissory estoppel to support her case, based on her experience with the Vice President of the Sales Department, her direct coordinator in the new position she was encouraged to apply for ( ...
- What was the legal issue in this case?
The legal issue in this case is based on the ill will acts which could have been evaded by the two parties involved. As an employee as a confinement officer at the Dona Ana County Detention center, Joseph Herrera becomes accused of inapt sexual relationship with female prisoners as well as exchanging sex for favors to prison inmates. Herrera had been hired by the Mesilla Valley Hospital (MVH) following favorable recommendations by Frank Steel and Al Mochen who were senior supervisors in the hospital. Steel had conducted research on the ...
Executive Summary
The employers must consider the employment laws that protect the rights and freedom of the employees in and outside the workplace. In this case scenario, as an HR consultant, one needs to identify the organizational as well as an ethical code of conduct. Analyzing the current social media policy of the organization, necessary laws, legislations and regulations can be presented to provide a logical argument in favor of the plaintiff. Furthermore, the paper will discuss the importance of effective human resource social media policy to tackle disciplinary breach of conducts. Meanwhile, the offensive post of Tolu can be identified ...
Sources of Law and areas of Law in Common Law Countries
Notion of common law and its features
Common law has its origin in XI century and now exists in the USA, Canada, UK, Australia, New Zealand. This system law is regarded uncodified and is based on the case law as the main source of the interpretation of the rules. This statement implies that cases considered by the courts in the previous years should be respected and taken by the followers as the examples of notorious behavior accepted by the society. Therefore, the system of common law accepts the pivotal role of the precedent in the society. Besides, the common ...
This court observation report is based on a trial that I attended on Monday November 17, 2014 as part of course work in business law. The goal was to observe two hours of actual live court proceedings at any local state courthouse in order to get a real-world experience in a courtroom, including interaction with participants, and to gain an appreciation and understanding of the litigation environment involving businesses.
The court case was ANGLO-DUTCH ENERGY LLC vs. CRAWFORD HUGHES OPERATING CO; a lawsuit of 3.5 million dollars over four oil wells between the two oil companies. I attended this grand jury trial ...
Abstract
Setting standards and specifications of a commercial contract is a significant process that contracting parties should take with a lot of seriousness. The standards and specifications set by the parties ensure that the products and services supplied are of the right quality and quantity. For an organization to ensure that it gets the precise products or services from the suppliers, it has to ensure that the standards and specifications agreed upon by the two parties are clear. The following report will be exploring the practical problems of ascertaining that the standards and specifications agreed upon in a contract are ...
Question 1
Regarding payment of legal services lawyers may select from one of the four arrangements of payment which comprise of rates divided according to an hourly, contingency, flat and retainer basis with a contingent, flat and retainer payment arrangement as the most commonly used. With contingency payment arrangement entailing an agreement between the client and the lawyer for taking of a specified percentage of the settlements; that are monetary as well as receiving damages payment from a case. These types of fees are normally charged in civil lawsuits instance in the case of medical malpractice as well as litigation in personal injury with ...
- Court deciding the case: United States Court of Appeal for the Ninth Circuit
- Parties: Plaintiff; Dustin Hoffman Defendants: 1st Defendant Capital Cities, 2nd Defendant-Appellant L.A Magazine Inc
- Procedural history/ Case nature: In the year 1997, a complaint was filed by Hoffman in the district court against Capital cities/ABC inc. the parent company of L.A magazine. ABC inc. took the case to federal court, and Hoffman included L.A Magazine (LAM) as a defendant. The district court bench trial found in favor of Hoffman on all of his claims and against L.A Magazine rejecting L.A Magazine argument that, its actions ...
Introduction
Every criminal justice system in the world is characterized by policy and procedure directives that ensures that all the actions and processes in this system are within the constitutional and legal confines. The policy and procedure are enacted to ensure that the constitutional rights of stakeholders are not infringed upon when these individuals are exposed to a particular criminal justice process. Unfortunately, there arises some situations in the course of disseminating justice where some actions cause massive legal disagreements. An individual who has been subjected to a particular process may claim that the process was unconstitutional or that his rights were ...
Summary
This paper gives a summary of Expert Witness: Past, Present and Future. This was a presentation delivered by Mike Jones. In this article, Jones discusses about the important role of expert witnesses in the determination of cases in the court of law. As part of the due process, the English law guarantees suspects involved in the criminal and civil suits to defend themselves through a personal representation or to rely on the services of an attorney. While doing this, it is essential for the court to prove beyond reasonable doubt that the accused person is guilty or innocent of the alleged offence. ...
The Stand Your Ground Law as the law that governs issues and legal position with regard to self-defense. The general definitions of the law covers two basic perspectives, that is, one, that there is practical believe or certain threat to an individual and that secondly, that the option or obligation to retreat is beyond the individual. The legal concepts as provided by the Stand your ground law allows an individual to use lethal force and at the same time act as immunity or a basis for defense against criminal charges. Goodnough, (2005) argues that legal aspects as provided by the ...