Essays on Claimants

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee. No. 89-3576Summary Calendar.

Background Information The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Question 1

Essential roles of trial judges are to establish privileges in courtrooms and qualifying privileges, while promoting fairness, morality and justice in the society. Judges are to uphold the constitution and the law of the jurisdiction that they occupy in the judiciary system. The judge assists claimants in solving issues amongst themselves by getting rid of the emotions and providing guidance to the claimants. The judge can achieve this on their own or with the help of a jury.

Question 2

Various states are accepting the use of non-unanimous verdicts due to the complex nature of certain cases. In some instances, the ...

Literature Review: Principle of Equivalence

List of References: 12 Literature Review Principle of Equivalence Background Usually, whenever a property is purchased or acquired from a willing or non-willing seller, it is expected that a fair compensation is given to those whose interests are deprived. However, it may be difficult to determine what a fair compensation constitutes. In some cases claimants may receive more or less compensation compared to the value of their property. In other instances, the monetary sum provided may be a huge sum, but it may not cover non-quantifiable losses such as psychological and social implications. As experience has shown, there are ...

Introduction

In this paper, I will argue that the fact that a certain individual is recognized as an employee, automatically “grants” employer status to the person or entity that hires this individual; the legal status of employer is inherently connected to the status of employee. Both parties acquire certain rights and obligations as soon as their relationship falls under the definition of employment. However, as much as there are no strict criterion that help to determine whether a person is an employee, similarly, whether an entity or an individual is an employer will largely depend on the form of relationship ...

The Impact and Effects of Power Politics of United States, China, & Japan Arising from South China Sea Conflicts on the Sovereignty and Socio-Political Fabrics of Philippines

Introduction

The South China Sea (SCS) is a partly enclosed body of water that connects the Indian and Pacific Oceans. It is marked with several island attributes which are grouped into four island bodies-- the Pratas or Dongsha Islands in the northeast, the Paracels or Xisha Islands in the northwest, the Spratlys or Nansha Islands in the south, and the Scarborough Shoal or Zhongsha Islands to Paracels' southeast (Hayton, 2014). It is teeming with ...

A Brief Set of Facts

This case was instituted before the High Court of South Africa in September 2014. The first claimant was the duly registered owner of a residential property located in River East Township Division IR Gauteng. Through several formal and informal agreements, the first claimant agreed and transferred the title of the immovable property to the second respondent, and the name in the register was changed to the second respondent. With the title to the property, the second respondent secured a loan from the third respondent using the property as security. The claimants sought a declaration that the agreements between the ...

Introduction

Lopez Ostra was a Spanish citizen who filed a case before the European Court of Human Rights through the European Commission on human rights. The claimants accused the Spanish government of failing to protect his privacy, home, and family life against pollution from neighboring factories which amounted to a violation of the right to healthy environment and the right to respect the private home and family life. This case was anchored on the responsibility of the state to be held accountable for actions of private entities within its jurisdiction. It is a sophisticated case that was instituted under the ...

Abstract

Diversity is indelible, so are the inherent challenges for leaders. Leadership skills are duly put to test when it comes to dealing with a diverse workforce or diverse marketplace. This paper is a tableau on diversity management and leadership that highlights the importance of diversity, its educational value, leadership challenge and recommendations. The paper has been divided into different sections for the convenience of readers. Having briefly reviewed the literature, the author identifies that most of the nations and organizations are failing in their diversity endeavors. Their initiatives are just limited to adhering legal laws and hardly go beyond ...

The Airline Pilots Association or ALPA have entered a collective bargaining agreement with Northwest Airlines in behalf of the latter’s pilots. ALPA representing the pilots of Northwest in the bargaining agreement filed suit against the latter and brought in to the District Court claims for monetary relief and declaratory assertion of breach by Northwest on certain provisions of the pension plan and Employee’s Retirement Income Security Act of 1974, 29, U.S.C. §§ 1001 (law.cornell.edu, N.D., a). For twenty years Northwest Airlines Inc. had made arrangements on the collective bargaining agreement of its pilots through ALPA. Prior to August ...

Motivation pertains to the forces that determine or influence the level, persistence, and direction of effort that a person exerts at work (Schermerhorn, Osborn, Uhl-Bien & Hunt, 2012) where direction is the person’s choice from a given set of alternatives; level refers to the amount of effort exerted; and persistence refers to the duration by which a person sticks to a particular action (Schermerhorn et al., 2012). There are many theories that suggest the factors that motivate people. While none of them on their own offer a complete understanding of what motivates people, they all offer some insight on the various things that ...

Overview of the Organization

The proposed organization for the topic of my final paper is the Social Security Administration (SSA). It is an independent agency of the U.S. government that is responsible for administering social security, a social insurance program that consists of benefits such as survivors’, disability, and retirement benefits, which Americans can qualify for through the payment of Social Security taxes.

In particular, I work for the agency’s Office of Hearings and Appeals (OHA) where, as a Senior Case Technician, I am responsible for providing technical and legal support to the Administrative Law-Judges and other professional and technical positions that are responsible ...

INSURANCE FRAUD

EXECUTIVE SUMMARY Insurance fraud is the term used for explaining the misrepresentation that the individuals or a group of people make so that they can avail more benefits from the insurance companies to which they are actually not entitled too. The transparency in the representation is important for securing the rights and overburdening the company from the claims which have actually not taken place. The insurance companies take different measures for protecting the rights and ensuring that they are protected from the insurance fraud. For this the rules and regulations are implemented using which they sometimes protect themselves from ...

Introduction

Recent years have witnessed heightened competition between China and her neighbors over resources, sovereignty and security in the South China Sea. This increased competition and tension has attracted the attention of both military and diplomatic leaders from various nations across the world that seek to promote both security and stability in these important waters. In fact the competition for maritime rights in this sea has become the most important issue of security in East Asia and some analyst have even declared it as the central conflict theatre in the globe. The South China Sea spans about 3.5 million kilometers ...

For the past couple of months, several news organizations are reporting China’s astounding economic growth and subsequent mobilization in the Asian region which is both alarming and impressive for many experts. Their economic growth is astounding for the very fact it proves China is still an economic powerhouse even in today’s world given their history as the world’s first traders. On the other hand, however, the mobilization of its forces around its “claimed” territories is alarming because of the possible implications that China is now getting ready to overthrow the United States as the dominant force ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

In the recent past, California has emerged as one of the state in the US with many reported cases of fraud in workers’ compensation schemes. In actual sense, a quarter of all compensations extended to workers by insurers in California are false. The major types of frauds include internal, claimant and provider fraud, with the most rampant being claimant fraud. In order to minimize losses caused by falsified claims, relevant state stakeholders have structured policies meant to detect and punish compensation fraudsters. Unfortunately, existing policies have not been effective in addressing the issue. Matthew (2013) insinuates that what must be ...

Procurement Process Contract Validity

Offer – An offer describes the expression of a willingness to enter into a binding contract on given conditions, and as such, it is expressed with the purpose of it becoming binding if the set terms are satisfied. According to Storer v Manchester City Council (1974) and Gibson v Manchester City Council (1979), an offer must be both specific (time and place, quality, quantity, means and time of communication etc) in its invitation for other parties to enter a binding contract, including without any further negotiations, because it includes the understanding and invitation of a supplier’s assent, which will conclude the contract. Effectively, ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Introduction

A Freight claim/transportation claim/cargo claim/damage claim refers to a legal demand by a consignee or a shipper to a carrier or shipper for financial reimbursement for damage or a loss of a shipment. The intention of this claim is for the shipper or a carrier to make consignee or shipper whole. In general, claimants are expected to file the claim to recover the costs, but not including the profits. In addition, claimants are expected to take sound measures to mitigate damage or loss. For instance, in case the product that is damaged has retained some of its value, the carrier or shipper is only required to ...

Introduction

According to “A Guide To The Jackson Reforms” (July 2013), these reforms are known by this name because it was Sir Rupert Jackson – a senior Court of Appeal judge – who was requested by Sir Anthony Clarke, Master of the Rolls, to carry out this review into the costs of civil litigation. The article reports that the review was commenced in early 2009 and the report presented to Jack Straw (then the Lord Chancellor) in January 2010 – a year later.

Quoting a statement by Sir Rupert Jackson included in the article:

“In some areas of civil litigation costs are disproportionate and impede access to justice. I therefore propose a coherent package of interlocking ...

Equal Employment Opportunity Law (Title VII)

Introduction Protected Classes Covered Entities Initially, the Act had assumed an exclusionary approach only limiting itself to matters within private entities that had 20 or more employees. However, as indicated before, the Act has undergone through a series of amendments. It has since entertained a number of employers drawn from diverse origins. In addition, the Act now covers for employers with as little as 15 or more employees. The spirit in the amendment perhaps is in line with the overriding objective. The mischief the Act intended to address does not merely arise within private employment only. It equally ...

HTA Architects Ltd & Anor v Countryside Properties Plc & Ors [2002] EWHC 482 (TCC) (26 March 2002)

HTA Architects Ltd & Anor v Countryside Properties Plc & Ors [2002] EWHC 482 (TCC) (26 March 2002) Background to parties The case involves two broad parties; the claimant and the respondents. The claimants in the case are Hunt Thompson Associates (“HTA”) and HTA Architects Ltd. The defendants, were Countryside Properties Plc (“Countryside”), Taywood Homes Ltd. (“Taywood”), and Taylor Woodrow Plc (“TW”). The case arises on the domain of contract law. In the 1990’s in the City of London, the Greenwich Peninsula was set for redevelopment. In that strain, it was agreed that the Millennium Dome be constructed ...

Bond and Lien Claims

Pros of lien claims vs. bond claims A lien claim is formulated by the law of state in order to secure compensation for materials, services or labor used to build or to improve a real property. The main reason behind this law is the reluctance associated with the property owners, to compensate for construction in advance. Also, the fact that it is impossible to return the work done in case of failure for compensation, made the law be enacted. The law supports construction and development via giving a means, through which employees, as well as other contractors conducting work with ...

Introduction

More than 500 employees of Wal-Mart Stores Inc. filed a discrimination claims against the firm with the United States’ Equal Employment and Opportunity Commission. This came after the Supreme Court blocked a class-action lawsuit the previous year. The filing of the claims came to preserve the rights of women to pursue personal and regional class-action suits against the firm concerning the alleged discrimination on payments and promotions. The world largest retailer suffered the consequences on 26 April 2010. The ruling came from the federal appeal court situated in San Francisco with the firm accused of discrimination under class action. Some six ...

Essay: Global Financing Strategy

1 If Germany imposes interest rate ceilings on German bank deposits, what is the likely effect of this regulation on the euro interest rate?

While Germany does not have any statutory laws governing the ceilings on interest rates, the morality of a credit contract is required to be analyzed by a court, as per the Federal Court of Justice. The contract is said to be excessive when the interest being charged amounts to twice the average market interest rate for a specified duration .

Germany uses subjective controls to limit extortionate credit practices. However, should it choose to impose an interest ceiling on ...