Essays on Facts Of The Case

Jim and Laura intend to buy a car, and upon visiting a dealer, they agree to give $100 deposit to hold the vehicle for a day. However, Jim and Laura later change their minds on purchasing the car upon which the dealer insists that the $100 deposit was meant to be part of the contract to purchase the car. The case raises important issues with regard to contract law. Therefore, before analyzing the facts of the case, it is essential to evaluate the various aspects that constitute a legally binding contract. An essential element of a legally binding contract ...

At common law, a felony murder was defined as the unlawful killing of a human being while in the commission of a felony crimes (LaFave). However, the modern concept of felony murder has widely been interpreted to mean an unlawful killing that occurred in the commission of only a certain type of felony crime, or acts that are deemed, by the totality of circumstances, to be inherently dangerous (LaFave). Under the federal criminal code, a person is guilty of felony murder if in “preparation of, or attempt to perpetrate, any” robbery (LII). Robbery, under the federal criminal code, is ...

Introduction

This report is a critical analysis of an ethical dilemma in the workplace. It will include the evaluation of the facts of the case in order to establish the fundamental issues and matters at stake. From there, a review of the fundamental theories of the situation will be conducted. This will culminate in the identification of the different approaches and views. Afterward, there will be the application of the theories to the facts of the case in order to conclude with recommendations on how to deal with the issues at hand. This will include the review of important theories ...

Introduction

There are numerous debates about the death penalty in the United States. America continues to allow states to decide whether to apply the death penalty or not. There are 32 states in America that have the death penalty as opposed to 18 states that have abolished the practice. The United States of America continues to act as the leader of the free world. American exceptionalism is premised on the fact that America is a uniquely free nation based on democratic ideals and personal liberties. America has led the process of exporting liberal democracies around the world and many nations ...

Did Jim and Laura Buy a New Car

Business

Did Jim and Laura Buy a New Car The case recalls Jim and Laura as the complainants against Stan who is a car salesman claiming that the couple had entered into an agreement to purchase the 4-door blue Sedan by depositing $100. The facts of the case show that Jim and Laura visited the car dealership where Stan is an attending salesman who accommodated the former. Jim and Laura was interested about the blue 4-door sedan, and decided to give Stan $100 for the purpose of holding the unit for a ...

Introduction

The question of racial discrimination in the legal system of the United States is a sought after topic despite limited evidence to support its existence at present. Although the nation once participated in discriminatory practices in the past, the majority of the activities ceased during the last few decades. Despite sweeping developments in recent years, the news never grows old while reporting a possible aberration. This research paper examines the evidence of data available in the books against the media reports which claim the rampant existence of racial discrimination. Each section in this research paper will raise question regarding ...

Attribute Standard 1312 issued by the IIA indicates that Internal Audit Departments purporting to follow IIA Standards must have an external assessment “conducted at least once every five years by a qualified, independent reviewer or review team from outside the organization. Two such organizations include World Com and Fannie Mae. The two organizations were in the news owing to various reporting and internal audit practices that may have resulted in their collapse, as is the case of World Com or hefty financial losses for their shareholders and other stakeholders. Consequent to such observations, the objective of this paper is ...

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 ...

Facts of the Case

Fraud can be defined as an act or practice that is wrongful or criminal in nature with the intention of making unlawful gains. In this case, Aaron Beam, a certified public accountant, was engaged in the illegal alterations of the financial statements. Mr. Beam and his friend, Richard Scrushy both started a healthcare company known as Health South. Mr. Scrushy would then act as the CEO while Mr. Beam would act as the CFO. Mr. Scrushy persuaded Beam to do whatever it takes to make sure that the financial reports that he prepared for the company looked good in ...

The article 2 of the Human Rights Act of 1998 is a fundamental provision that is usually invoked to safeguard the right to life of individuals and that which imposes the legal obligation of contracting states to take appropriate steps not only in refraining from taking life intentionally, but also to take the appropriate steps to safeguard life. This provision has become the controversy in many cases involving human rights torts, by virtue of the section 6 of the Act that provides a statutory cause of action against the public authorities or bodies. In many occasions the article 2 ...

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 ...

Facts of the Case

Luke has been working for the company on a project which involves developing a recently purchased land by the company in order to build an entertainment store on the land. Luke believes that as soon as the announcement for this project will be made, the real estate prices in the area will go down. Luke’s brother Owen lives in the neighborhood of the land. Owen recently told Luke that he got an average offer for his house recently. Owen is not sure about the offer and has asked Luke whether he should sell his house or wait for ...

The Court of Appeals should reverse the district court’s decision, and grant to Ms. Eriksen a motion for preliminary injunction, because Ms. Eriksen engaged in constitutionally protected free speech. This case encompasses the violation of First Amendment rights and this court ought to “conduct an independent examination of the record as a whole, without deference to the trial court.” Bery v. City of N.Y., 97 F.3d 689, 691 (2d Cir. 1996). For the First Amendment issues, the appellate courts must make an independent inspection of the whole record in order to ensure that lower court decisions do not ...

Based from the facts of the case, Greg was a visitor of the local theme park that was owned by Launchester District Council or LDC. During his visit, Greg decided to climb and jump from the harbor wall to land into the sea, despite the warning that such structure is dangerous. As a result, he struck his head on the wooden post causing him to become tetraplegic.

The first legal issue in this case whether LDC is a legal owner or physical controller of the old habor wall. The second issue is to determine whether Greg is a legal visitor to the old ...

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 ...

Law

ASSIGNMENT ONE:Memorandum RE: Employer-employee relationship between Mel and Alice The issue in this case is whether there was an employer-employee relationship that existed between Mel and Alice that will meet the criteria established in Amarnare. In this given case, Alice was hired by Ex-See-Lindt Staffing to work as a temporary legal secretary at Mel’s Law Offices, but she was being paid by Ex-See-Lindt. However, Alice got her hours, assignments, and training from Mel’s and was required by Ex-See-Lindt to report to work each day in a timely manner. She was informed that she will get paid ...

Facts of the case: The petitioner in this case, Mr Albert Florence, was arrested on charges of obstruction of justice and use of a deadly weapon. He was eventually sentenced to pay a fine in installments of a certain amount. After he defaulted on these payments, the authorities issued a bench warrant for his arrest. Due to a mistake in the system, however, this warrant was not removed from a statewide computer database. As a result, two years later he was arrested by an officer and brought to the Burlington County Detention Center. After spending six days in detention there, he was brought to the Essex ...

(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 ...

Brief of Mapp v. Ohio (1961)

Decided Decided June 19, 1961 Character of Action The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...

- Describe the differences between a trial court and a court of appeals and discuss when a court opinion is considered to be precedent. The main purpose of the trial court is to adjudicate a decision in the first instance on all disputes filled in a given court system – state or federal. Judges who work in a trial court decide cases alone, conducting trials either with or without jury, depending on the type of a dispute and the wishes of the parties. A judge in the trial court hears the evidence, determines the facts of the case and applies law to the determined facts. Deciding ...

Introduction

Employer employee relationship is based upon mutual trust. Employee should make every effort to fulfill expectations of employer while employers have an ethical, as well as, legal duty to provide an amicable environment to their employees. Employers are legally bound to ensure a safer and unprejudiced work environment for employees. There are various laws and regulations that protect employees’ rights and ensure appropriate implementation of employees’ rights and interests at the workplace. Employers cannot dismiss employees in arbitrary manner and merely on their will and such a behavior is strictly prohibited by the employment laws of United Kingdom. This paper intends ...

Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the expert opinion, ...

This essay highlights the facts of the case of IBP, Inc v Alvarez in the peer review. It outlines the decision of the initial court and further displays the other decisions in the subsequent courts. It also addresses the principles underlined in the cases outlined. The introduction deals with the facts of the case and the rest of the ideas are discussed in the subsequent sections of the essay.Facts of the case. The case of IBP, Inc v Alvarez, the employees sued Barber Food and IBP in two separate cases. The suit was brought before the federal district ...

Introduction

The case study dwells upon the operational management and the changes in the Hagen Style company, one of the most successful direct marketing organizations in Europe. The company deals with a wide range of products, which, among others, include kitchen equipment, small gadgets and salad bawls. The case outlines the current operations in the company and looks at the potential changes and adjustments, which would have to be done in the operational setting of the firm in case of switching to alternative sales channels, such as TV and the internet. The goal of this document is to answer two questions: ...

Introduction

The forensics report is generated after all the evidence has been carefully collected. The reporting of any finding during the forensic study is crucial to the client or to the persons who will use such information. Therefore, certain guidelines must be noted to ensure that persons who interpret the report do so with ease and with minimal swaying from the intended meaning. The case should be structured such that all the necessary details can be found within the report. The person who writes the report ought to ensure that it is precise such that if one is called to ...

The police report, though fundamental to any criminal investigation, is one of the most overlooked tools available to the law enforcement officer. Police reports are used to provide an accurate written account of a law enforcement officer’s observation during a criminal investigation. Generally speaking a police report has two functions: (1) to communicate necessary information to individuals that were not present at the event but need to know and understand what happened and (2) to maintain a record of events. Written records are important because, among other points, they provide a permanent database of police activity and a means to refresh an officer’s ...

Introduction

International business environment imposes more challenges on contemporary corporations, driven by the complexity of global business, supply chain and the variety of external pressures, which shape and determine the direction in which the organizations develop. The case dwells upon the development and current strategic issues, which are set in front of the Chabros International Group management, looking at the future development of the organization on the edge of global financial crisis and drastically droppings sales. The company´s owner and the president, Antoine Chami, is to take a strategic decision whether to close part of the Serbian sawmill, re-boost the ...

Introduction

The justice system is a very complex institution, which calls for a proper manner of getting information. In the system where judgments are made depending on the types of evidence given, it is essential that the counsels of both sides take proper measures and steps to ensure that they get the relevant information from the witnesses that will sway the verdicts to their way. Strong evidence through such interrogations is likely to see a party getting an upper hand in the verdict, while shambolic evidence will most likely see a case ruled against one’s expectations. Interrogations, to a large extent, should aim at ...

Issue

The issue is whether Barry can insist on the existence of the contract for renewal of his employment and, if not, whether he can rely on promissory estoppel. Another issue in the following case is whether Barry has a right to receive promised bonus.

In common law contract can be defined as legally binding agreement between two or more competent parties. In order for a contract to be valid, it has to contain necessary elements – offer and acceptance, consideration and legal intention of the parties to enter into a contract. Even if one of those elements is missing, an agreement may not ...

Introduction

The topic is a discussion of the ruling that was made by the National Labour Relations Board in which it argued that the football players in Northwestern University could be classified as employees. Because of this argument, the footballers, therefore, had a right and capacity to form a union that could see them collectively bargain to their advantage. In essence, the question that was presented to the board for an advisory opinion was whether it was right to consider the players as students or as the university’s employees. Over a long time, they had been considered as students, effectively meaning that they ...

- 2.2: Advice - (a). What it should do about the Timms Lease; While chase was making the purchase contract with the smiths, it was not informed of the additional two years of Timm’s lease. Chase has the mandate to sue Timm and prevent him from interfering with the property since they already owned the land, and while performing due diligence, the land had no complications and the process was clear. The reason the company performed due diligence was to avoid situations such as this. Timm being in an unwritten agreement is in no way able to ...

I. Introduction Journalists have a responsibility to the facts of an event. This is an aspect of journalism that is often lost in the sensationalism that often follows the news in the modern era. Ethics and standards in journalism are principles that give the journalist a structural framework for conducting the practice of reporting on events, people, or places; they are designed to help the journalist navigate specific situations and challenges that journalists often face. Journalists do not exist in a vacuum; they are people with their own opinions and feelings about the things that they are reporting, and it follows ...

Floyd, et al. v. City of New York, et al

The rule of law pertaining to the Floyd, et al. v. City of New York, et al case is discussed below. The proceedings of the case raised two critical questions that had public importance. The rule of law requires that every individual and any organization to be subjected to the constitution and persons are allowed to be above the rule of the law. The issue of whether to allow the New York City Police Department (“NYPD”) to violate the Constitution of the United States is complicated because the frisks ...

Kantaras v. Kantaras, 884 So. 2d 155 - Fla: Dist. Court of Appeals, 2nd Dist. 2004 Linda G. KANTARAS v. Michael J. KANTARAS No. 2D03-1377.

Rehearing Denied September 29, 2004. Mathew D. Staver, Erik W. Stanley, and Anita L. Staver of Liberty Counsel, Longwood, for Appellant. Rebecca Harrison Steele of Law Office of Rebecca Harrison Steele, P.A., Tampa; Karen M. Doering, Tampa; and Collin D. Vause, Clearwater, for Appellee. - Type of Action The Linda Kantaras Vs Michael Kantaras legal battle was a civil case. The case was judged based on the Florida Defense ...

Miranda v. Arizona, Terry v. Ohio

Facts of the case Ernest Miranda kidnapped and raped an 18-year old woman on her way back home from work after parting company with her coworker on alighting from a bus they had both travelled in. The victim could not identify the perpetrator even though police brought in several suspects. At one stage t police suspected her complaint itself. They made undergo lie-detector test but the test neither could confirm nor deny her innocence. However, after a week of the incident, the victim on her own found the victim and gave leads about him ...

Miranda v. Arizona, Terry v. Ohio

The case involves an appeal in the U.S. Supreme Court against conviction of Ernest Miranda for rape and kidnapping of a young woman and sentencing him for 20 to 30 years of imprisonment on each charge to run concurrently.

Facts of the case

Ernest Miranda, a young Mexican man about 28 years old, kidnapped and raped an 18-year old woman Lois Ann Jameson while she had been returning home from Paramount Theater in downtown Phoenix where she worked along with a coworker and after she got down from the bus alone. After complaining to the police, Lois could not identify ...

Miranda V. Arizona and Terry V. Ohio The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that linked him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements or confessions ...

Law

1a.) The four main components of a contract are: offer, acceptance, consideration and intention of legal consequences. The offer is considered complete if it states in definite terms of the agreement and it must be communicated to the offeree. The offer should not only include any estimation, manifestations of interest, requests for proposals or letters of intent. The offer is different from an invitation to treat such as advertisements and shop displays where the invitation to treat is inviting an offer to be made (Richards, 2009). In this given case, the offer was made through an advertisement in several newspapers ...

Introduction

The following case study addresses JP Morgan’s Chase, the biggest bank in the USA, which has recently announced trading losses, which stemmed from investment decisions, made by the Chief Investment Office of the bank. After having realized the losses, the Office provided the Securities and Exchange Commission with reports, containing falsified data. The issues, considered in the Analysis part will refer both to the case itself and the legal background, which underlies consideration of the facts of the case. Concluding we will provide some basic recommendation referring to investments.

Analysis

- Means to achieve effectiveness of Securities and Exchange ...

Part One: Advice to Cecil

Introduction The case falls within the province of the Sale of Goods Law. The facts of the case are that Sven, the seller tendered for the transit of goods, the goods being 10000 cans of beetroot and 5000 cans of carrots. The goods were transferred in carriage by a carrier, the Maid of Orleans under the management of Pierre. During the transfer of the goods, the seller, Sven entered into a contract of sale with the buyer, Cecil. Cecil consequently received ownership of goods through a sale by description which in the same vein falls under a future sale. In overall, therefore, ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...

Apple Inc. v. Samsung Electronics Co. Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found ...

Business Law 414

Business Law 414

Drug testing

1. A decision should be rendered in favor of the union. The reasons raised by the union should be given merit when the union leaders stated that under the CBA, the employer is prohibited to intrude into the private lives of the employees. The drug policy has prohibited on-the-job impairment or abuse and the random testing can only be made inside the workplace, when the employees report to work and about to leave work. Here, the employee who was tested positive for drug abuse did not report to work when the random drug test was conducted. ...

In the 1957 film 12 Angry Men, a group of jurors is surprised to discover that one juror does not immediately wish to convict a young man accused of murdering his father. The lone dissenting juror pleads and argues with the other jurors over the course of their deliberations, using a variety of persuasive techniques to instill some sense of doubt about the guilt of the accused. As other jurors began to have their own doubts, they join in and provide both rational and emotional appeals to persuade the remaining jurors to change their minds. The interactions between the jurors reveal that ...

MCDONALD'S TWITTER CAMPAIGN AND H&M'S POTENTIAL COPYRIGHT INFRINGEMENT

1. Introduction: Rhetoric strategies have evolved and so have rhetorical strategies over the digital media. This paper focuses on two cases which are the McDonald Case and the H$M case. These two cases are analyzed using the various Rhetorical strategies that are commonly used by authors. This includes the description strategy, compare and contract strategy, division strategy, argumentation, process analysis and the exemplification strategy. The content in each case provides a basis for this analysis, the first case is the McDonald campaign that backfired, this article narrates how a campaign by this company resulted into negative feedbacks and ...

1. Methods to calculate taxable value of fringe benefits: Australian Taxation law allows some benefits to the employees by their employers in the form of different services, benefits, privileges or rights. Under fringe benefits tax act, 1986 the fringe benefit may include cheaper loans to employees by the employer, to allow employees of the company to use Employer’s car, look after medical or legal problems etc. if a person works somewhere for anybody or in a company, the general concept is that the worker will get remuneration in cash but a new concept recognized by Australian taxation law is an agreement ...

Question 1

According to the corporations act 2001 (cth), section 249H subsection 1 a valid notice of a meeting of a meeting of shareholders should be at least 21 days. The only exception to this rule is when all the members of the company agree beforehand for a shorter notice or when members of the company who have 95% of the voting power or more agree beforehand on the issue of a notice shorter than 21 days. The company issued a notice of seven days, which is less than the legal requirement by 14 days. The annual general meeting of the Sparx Ltd was therefore not valid ...