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Engineering Arbitration Case Kevin Case Study … Paper Icon

[. . . .] 3. The claimant's Request for Sanctions was granted. Birkelbach was precluded from presenting evidence (due to his absence) and the panel formed negative inferences against Respondent Birkelbach. Respondent's affirmative defenses were also dismissed.

Given Birkelbach's absence, the panel determined that Birkelbach Investment Securities, Inc., had been properly served with the Statement of Claim, filed a Statement of Answer, and received… read more

Case Study 1 pages (406 words) Sources: 3

U.S. v. Clemons United States Research Paper … Paper Icon

[. . . .] Smith contended that the Court was in error by allowing the Government to impeach Clemons' confession that implicated Smith.

The Government argues that Clemons and Smith were correctly convicted in violation of 18 USC Secs. 111 and 1114, and Clemons of 18 USC Sec. 924 (c) which deals with penalties applied to individuals who specifically harm a federal agent.

Holding/Rule… read more

Research Paper 2 pages (739 words) Sources: 1+

Lawyers and Ethics Article Review … Paper Icon

Lawyers and Ethics

TO DISCLOSE OR NOT TO DISCLOSE

Lawyers are bound by oath never to reveal information gathered in the entire duration of their representation of a client or a professional relationship with him. The rule of confidentiality has been preserved and cherished for ages. The purpose is to draw the trust of a client into telling all to… read more

Article Review 4 pages (1438 words) Sources: 4

Due Process Clause Fourteenth Amendment Essay … Paper Icon

[. . . .] The Due Process Clause is the claims a criminal defendant processes when accused by the government of an illegal act. The government must respect these rights before during and after a criminal trial. A violation of ant of these rights will normally void a conviction. Due process rights cannot be involuntarily given up, we all have the right to be… read more

Essay 2 pages (662 words) Sources: 3

Rights of Accused Essay … Paper Icon

[. . . .] The due process clauses were intentionally established in the constitution by its framers to protect against abuses by the federal government during criminal investigations in order to ensure that innocent people are not wrongly convicted ("Due Process -- Rights of the Accused," n.d.). The foundation of the protections by the due process clauses is based on the presumption of innocence… read more

Essay 2 pages (717 words) Sources: 3

Freedom of Speech History Essay … Paper Icon

[. . . .] Therefore the state cannot prohibit speech not unless it presents clearly a danger to the interests of the public.

Relevance of the case

The case was appealed by Gitlow after his conviction. The Supreme Court then ruled in his favor. This was a very huge step when it comes to the incorporation of civil liberties .the precedent had been articulated… read more

Essay 3 pages (1002 words) Sources: 6

Right to a Jury Research Paper … Paper Icon

[. . . .] Though the jury system is not perfect, it is the best system that ever exists that has potential of yielding fair results.

The jury being that it is made up of varied legal authorities with varying experiences and background is better placed as far as legal decision making on a case that may lead to capital punishments or harsh punishments… read more

Research Paper 2 pages (637 words) Sources: 1

Due Process and the Significance Term Paper … Paper Icon

[. . . .] 106).

The Uniqueness of Due Process

While Due Process had its inception in the Magna Carta, what made it so unique in America was precisely this balance of power between states and central government. When that balance of power tilted in favor of central government, thanks to the interpretations of the Fourteenth Amendment by successive Courts, the Due Process Clause… read more

Term Paper 7 pages (2137 words) Sources: 6

Chavez v. Martinez Case Essay … Paper Icon

[. . . .] Martinez -- 538" par, 1).

The trial court ruled that the petitioner was not permitted qualified immunity because his actions violated Martinez's Fifth and Fourteenth Amendment rights. The District Court's ruling was upheld by the appellate court, which argued that Chavez's coercive interrogation infringed Martinez rights though his statements were not used against him in a criminal case. The appellate… read more

Essay 3 pages (1028 words) Sources: 4

Shackford & Gooch, Inc Essay … Paper Icon

[. . . .] And as the text by Hinkel (2011) demonstrates, permits serve a critical purpose in providing for oversight and enforcement by any Zoning Board. According to Hinkel's text, which also provides a look into the present case, identified "building permits [as] another way to enforce zoning ordinance. A building permit will be refused unless the proposed improved and its intended use… read more

Essay 4 pages (1282 words) Sources: 3

Sealed Bids vs. Competitive Proposal Essay … Paper Icon

[. . . .] With competitive proposal, a contracting officer is sure of getting a fair and a reasonable price. It also guarantees a contracting officer an opportunity to obtain the required delivery schedule. Besides, the contracting officer also gains control over the performance of the supplier in terms of man hours of effort, levels of technical talent, special equipment and testing requirement, and… read more

Essay 2 pages (631 words) Sources: 3

Price Analysis When Individuals Term Paper … Paper Icon

[. . . .] Usually competitors will monitor each other's prices and may adjust their prices accordingly which can skew the results somewhat. However, there are several techniques that can be added to competitive price analysis that can prevent this from occurring. For example, you can request sealed bids from different firms so that each does not know the details of the bids that… read more

Term Paper 1 pages (333 words) Sources: 2

Private vs. Public Defense Anyone Research Paper … Paper Icon

[. . . .] When it comes to the cons of having a public defender they are such that public defenders are government employees and so they are paid civil servants who get a pay that is way lower than that of their counterparts in the private sector. Another con is the fact that they have caseloads that are overwhelming they can be expected… read more

Research Paper 3 pages (1220 words) Sources: 2

Free Speech and the Internet Essay … Paper Icon

[. . . .] There must be a balance of egalitarian values with the ability to create and sustain communication and collaboration opportunities for everyone. The freedom of speech inherent on the Internet must also be continually improved on with guidelines of each person's right to their opinion and form of expression without using this tenet of freedom as a means to harm others.… read more

Essay 2 pages (538 words) Sources: 0

Utopia by Thomas Essay … Paper Icon

[. . . .] At this point, aware of the level of cognitive confusion the lawyer is exhibiting, Hythloday tries to simplify the behavioral chain of events. Here are the realities of life in England today -- economic, political, and social -- that generate an endless supply of thieves. Beginning with war, and the problem of a standing army, Hythloday argues that when times… read more

Essay 4 pages (1353 words) Sources: 1 Style: MLA

History Plea Bargaining? Essay … Paper Icon

[. . . .] These ramifications mean that it may be in the best interest of an innocent person to plead guilty -- which simply reinforces the subversion of justice in what is supposed to be a criminal justice system.

There are many adverse impacts that the criminal justice system could incur if the device of plea bargains were not allowed or discontinued. Most… read more

Essay 3 pages (994 words) Sources: 4

Bryan University's E-Discovery Program Resume … Paper Icon

[. . . .] Although the legal profession is famously slow to change, more and more of the work that is done by lawyers and paralegals requires sophisticated technology. Bryan would provide me with a 'virtual' way of learning about the expanding role of IT and how to use various forms of technology more effectively through the discovery process. The legal profession cannot afford… read more

Resume 2 pages (580 words) Sources: 1

Kennedy V State of Georgia Case Study … Paper Icon

[. . . .] Whether the defendant could have started the fire "accidentally."

Whether the trial court's charges to the jury were correct or were in error in the following particulars:

Whether it was a reversible error to give a charge to the jury which said a crime had occurred, which destroyed his defense of "accident."

Whether it was reversible error to give a… read more

Case Study 2 pages (580 words) Sources: 2

Negligent Tort Sportspower Ltd Essay … Paper Icon

[. . . .] Plaintiff could prove the duty of care, its breach, the standard of care and falling below that standard; however, we cannot determine whether there was actual injury, actual cause or proximate cause. In addition, the defenses of intervening cause, contributory negligence, comparative negligence and assumption of risk could be used. Fortunately, the "Substantial Product Hazards" provision of the Consumer Protection… read more

Essay 5 pages (1805 words) Sources: 4

Criminal Justice Ethics Term Paper … Paper Icon

[. . . .] S. Supreme Court found that if there is any kind of questionable behavior about the proceedings or withholding key evidence. The defendant must be given a new trial. The fact that a magistrate is involved in numerous unethical activities is a sign that he could be withholding key evidence. This means that those who were impacted by his rulings can… read more

Term Paper 2 pages (760 words) Sources: 2

Attorney-General of Belize V Essay … Paper Icon

[. . . .] The Supreme Court judge Conteh favored the government argument, but Court of Appeal judge, Carey was of the opinion that it was no "necessity" in the government's terms. Morrison of the same court further quoted article 90(D)(ii) saying that the hiring and firing of directors, is articulated but not their tenure of office, and that Conteh CJ's interpretation was not… read more

Essay 2 pages (601 words) Sources: 2

Cognitive Bias in Jury Damages Term Paper … Paper Icon

[. . . .] Furthermore, the plaintiff's damage recommendation is found to provide an "anchor" that frames the juror's calculation of noneconomic damages, pain and suffering, so long as the suggested amount was not extreme that results in higher awards (McAuliff & Bornstein, 2009, p. 171).

The maneuverings of counsel to play upon the cognitive limitations and predispositions of jurors is similarly illustrated in… read more

Term Paper 3 pages (824 words) Sources: 1+

Goal Development in "The Millennium Essay … Paper Icon

[. . . .] Mistakes can be brought out in ways they cannot be ignored. Further research can bring about more public awareness that makes the goals a top priority where corruptions in government cannot ignore the goals. Law and policies can be strengthened with more clarity and definition and be more defined for deeper understanding. Research can be done to define the goals… read more

Essay 2 pages (618 words) Sources: 1

Judicial System Essay … Paper Icon

[. . . .] With the need to manage the system efficiently and ensure a fair and speedy trial for all, the court has taken many advances to move cases along. The future of the judicial system looks equally promising. Where once lawyers and judges held separate roles in the adversarial system, modern judges are becoming more and more active in moving their cases… read more

Essay 5 pages (1613 words) Sources: 2

Free Speech Clarence Brandenburg Essay … Paper Icon

[. . . .] The court has recognized three forums of public expression: traditional public forums, limited public forums, and nonpublic forums. Traditional public forums include parks, streets, and sidewalks while limited public forums include courthouses, capital grounds, public universities, and other government owned properties traditionally used for the public. As expected, non-public forums include private property and public property not traditionally associated with… read more

Essay 2 pages (557 words) Sources: 1+

Negligence Torts, Duty of Care Essay … Paper Icon

[. . . .] 505). In order to prevail, plaintiffs in negligence tort cases must establish both the existence of a duty of care as well as a breach of that duty, and these factors depend on the unique circumstances of the case. In this regard, Posteima (2002) advises that, "In this manner, our conception of what we legally owe to others is harmonized… read more

Essay 3 pages (886 words) Sources: 3

Federal Courts Essay … Paper Icon

[. . . .] In addition, these trial level courts, which are referred to as superior courts, have appellate jurisdiction over in misdemeanor criminal cases and civil cases where $25,000 or less is at issue.

The next level of the California state court system is the appellate level. There are 6 appellate districts, with 19 divisions, and 105 justices. These Courts of Appeals consist… read more

Essay 3 pages (988 words) Sources: 1

Smilla's Sense of Snow Research Paper … Paper Icon

[. . . .] "That's when you discover that your own Greenlander can be picked apart with a fingernail" (Hoeg 119). Living amongst colonizers, even when some laws are theoretically designed to protect the identities of Greenlanders, the weight of the hegemonic society extinguishes and depresses the more fragile indigenous identity. Greenlanders are not 'immigrants' since they are severed from so many of their… read more

Research Paper 6 pages (1886 words) Sources: 3 Style: MLA

Ford Pinto Essay … Paper Icon

Pinto

The Ford Pinto scandal was one of the most significant issues in corporate ethics. Ford had rushed the Pinto to market quickly, because it was facing intense competition from Volkswagen in the small car market. The company's engineers knew that rear-end collisions would cause the fuel tank to rupture, but the company had already tooled its production system. It… read more

Essay 4 pages (1251 words) Sources: 3 Style: APA

Tort Reform Necessary? Why? Essay … Paper Icon

[. . . .] 1).

"Give me a break," Williams writes, and although a conservative columnist like Williams certainly delighted in launching a negative editorial against a well-known liberal like Kucinich, Williams' point is well taken. The $150,000 has "to come from somewhere" and though the cafeteria's insurance company likely picked up a big piece of the tab, the situation likely means that there… read more

Essay 2 pages (728 words) Sources: 2

Decision Was in Favor Term Paper … Paper Icon

[. . . .] The courts also rely heavily on UCC Sections 2-608 throughout the judgment. The reasonable time clause has been fulfilled, and the buyer was well within its rights to reject based on non-conformity.

Reference

Inn Between v Remanco. (1997). Retrieved online: http://caselaw.findlaw.com/ny-district-court/1223746.html

Chapter 25, Question 3

Implied warranties of merchantability refer to the "reasonable expectation" that a good will perform (text… read more

Term Paper 4 pages (1069 words) Sources: 2

Smoking Gun in December 2005 Essay … Paper Icon

[. . . .] While there is an assumption that oral contracts would not be legally binding from a legal perspective, the oral contracts are indeed legally binding according to the law. Similar to all oral contracts, the main factor in the enforcement and determination of validity of the contract between Chappelle and Abuelhija is proving that the contract was in fact made.

Generally,… read more

Essay 3 pages (990 words) Sources: 1

Juvenile Delinquency When a Juvenile Is Arrested Term Paper … Paper Icon

Juvenile Delinquency

When a juvenile is arrested they are charged in a totally different system from adults. These systems are known as juvenile system while adults are charged in adult justice systems. There are different factors that come into play when these juveniles are arrested, tried, convicted, sentenced and rehabilitated. These two groups were separated since they differ in their… read more

Term Paper 4 pages (1344 words) Sources: 4

Rights of the Accused Essay … Paper Icon

[. . . .] The rule that people should not be deprived of liberty, property, or life without being given notification and an opportunity to be heard was largely accepted in England and predates written constitutions. Traditionally, the use of due process was mainly divided into two categories of procedural due process and substantive due process. However, since the end of the 19th Century,… read more

Essay 2 pages (720 words) Sources: 3

Discipline in Public Schools Term Paper … Paper Icon

[. . . .] Frederick, 2007, Oyez Project).

However, in the dissent, Justice Stevens wrote: "in my judgment, the First Amendment protects student speech if the message itself neither violates a permissible rule nor expressly advocates conduct that is illegal and harmful to students. This nonsense banner does neither, and the Court does serious violence to the First Amendment in upholding -- indeed, lauding… read more

Term Paper 3 pages (1107 words) Sources: 4

Restorative Justice: With the Research Research Paper … Paper Icon

[. . . .] The verdicts that are based on the mediation process have mostly been termed as small cases which don't need much investigation and such like cases are common with the youths. An example of such a case is fighting without a proper reason and that leads to injury which forces one party to go for a medical checkup.

The offenders are… read more

Research Paper 2 pages (708 words) Sources: 1

Psychosocial Dynamics of Twelve Angry Case Study … Paper Icon

[. . . .] Certainly the jurors are bound to an either-or situation that is bounded by their ability to cooperate or their insistence on competition. As with other conflict resolution situations, the strongest solutions can be achieved through a balance of these dynamics. Nevertheless, the position of the jurors in act one is fundamentally competitive (there has been no real negotiation at that… read more

Case Study 10 pages (3826 words) Sources: 12

Puffery and Deception Essay … Paper Icon

Business Ethics -- Puffery

Puffery vs. Measurable Statement of Fact

As a general principle of contract law, there is a distinction between the types of pre-sale statements that sellers are permitted to make and those that they may not make, at least not without creating an express warranty. Specifically, subjective statements of personal opinion about the value or reliability of… read more

Essay 2 pages (700 words) Sources: 0

White Collar Crime in Contemporary Discussion Chapter … Paper Icon

[. . . .] The focal purpose of this institute is to increase research and knowledge in areas of rising crime; hence one of the main crimes that this institute has focused on in recent years has been the trafficking of women in the region. The institute primarily focuses on social aspects of the crime fulfilling the purpose of increasing awareness amongst the citizens… read more

Discussion Chapter 2 pages (784 words) Sources: 3 Style: APA

Defendant Entitled to Dispute Essay … Paper Icon

[. . . .] Until definite conclusions are reached regarding their intervention and treatment, addicts may be in a far safer place protected by the government than they may be were they to be arbitrarily released.

Contemporary scientific knowledge shows that use of narcotics often produces a psychological and physiological reaction known as an acute brain syndrome, which is a "basic mental condition characteristic… read more

Essay 2 pages (726 words) Sources: 2

Nature by Hobbe and Locke Essay … Paper Icon

[. . . .] On this, Locke terms this law of nature as humankind's responsibility to exploit all means to safeguard his individualistic life as well as not to intentionally take part in jeopardizing another person's life or right to possession. The crucial turning point in the mode of reasoning between Locke and Hobbes emanates from their perception of human psychology. For instance, Hobbes… read more

Essay 4 pages (1181 words) Sources: 2 Style: APA

Marbury v. Madison President John Essay … Paper Icon

[. . . .] Because of the way the decision was made, however, there were larger ramifications than just whether one person was able to be a justice of the peace. The Court ruled that it had the power to declare legislation unconstitutional if necessary, which would maintain the balance of government but would also give the Court more power than it had ever… read more

Essay 2 pages (720 words) Sources: 1

Illegal Immigrant Deportation Issues Research Paper … Paper Icon

[. . . .] Smith's bill ("Keep Our Communities Safe Act" -- H.R. 1932) is intended to prevent the release of "…dangerous criminal immigrants into American communities" (Feere, 2011).

According to Jon Feere -- writing for the Center for Immigration Studies -- when the Supreme Court ruled on Zadvydas v. Davis this was a case that "…illustrated the disastrous consequences of the judicial branch… read more

Research Paper 2 pages (718 words) Sources: 2

American Electric Power Term Paper … Paper Icon

appellate case in which a series of contracts and agreements was forged between AEP and five of its employees. Three of those five employees sued for breach of contract and the trail court dismissed the lawsuit because of three major reasons. The author of this paper feels the decision was proper and if/when it was brought to the United States… read more

Term Paper 2 pages (653 words) Sources: 2

Nontraditional and Traditional Litigation Essay … Paper Icon

Non Traditional and Traditional Litigation

Being human, disputes often arise between individuals and organizations. . In many organizations, there are already a number of policies and procedures that outline most of the ways people need to act toward one another depending on their role (e.g. supervisory vs. employee, co-worker, etc.). However, since individuals differ in their ways of dealing with… read more

Essay 2 pages (739 words) Sources: 2

Habeas Corpus and War Essay … Paper Icon

[. . . .] Following the 9/11 attacks, hundreds of people have been detained by the American government in various locations like Guantanamo Bay and Bagram field as part of America's war on terror. The relation between the imprisonment of these people and the privilege is the fact that most of them face indefinite imprisonment without being charged with an offense or afforded the… read more

Essay 6 pages (2135 words) Sources: 7

Code of Hammurabi Research Paper … Paper Icon

[. . . .] That, coupled with the fact that Hammurabi was known as a talented law maker, would warrant a brief mention, but he is inexplicably absent in biblical text.

The chief principle of the Code of Hammurabi was that "the strong shall not injure the weak" ("Hammurabi 1). This fundamental belief helped establish a social order based on the rights of individuals… read more

Research Paper 2 pages (885 words) Sources: 3

Terry vs. Ohio Essay … Paper Icon

[. . . .] Ohio 2012).

The matter however was heard by the Supreme Court and there were several important determinations made by the court which need to be briefly cited. Saltsburg (1998) notes that Chief Justice Warren assigned the case to himself because unlike the state supreme court he believed that there were substantial constitutional issues at stake here. In fact Justice Warren… read more

Essay 2 pages (786 words) Sources: 1+

Appeal System Essay … Paper Icon

[. . . .] A defendant has the right to appeal. A case may be appealed because the evidence presented by the prosecution does not buttress a conviction. The defense may also argue that the evidence was not admitted or excluded in the proper lawful manner. The rulings and directions of the judge are also grounds for appeals to be raised. The sentence of… read more

Essay 2 pages (793 words) Sources: 1+

Habeas Corpus War on Terror Essay … Paper Icon

habeas corpus and the War on Terror: Review of Judiciary, Executive, and Academic Perspectives

Writ of habeas corpus in the U.S. Constitution

The United States Constitution (or U.S. Constitution) includes the writ of habeas corpus, part of the law that states that, "[t]he privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion… read more

Essay 5 pages (1447 words) Sources: 5

Hy Cite Corp. Vs. Badbusinessbureau Essay … Paper Icon

[. . . .] ("Hy Cite Corp v Badbusinessbureau.com," 2005)

What challenges does the Internet present in the area of personal jurisdiction?

The Internet is making it possible for someone to publically accuse an organization or individual of questionable activities. The problem is that many of these statements could be false and misleading. This will have an impact on the reputation and image of:… read more

Essay 2 pages (612 words) Sources: 1

Agree Court's Decision? Essay … Paper Icon

[. . . .] 's claim of negligent misrepresentation, since it does not apply to international law and was previously decided as not being an issue within Florida court.

Additionally, the court's ruling that under article 39, Global District Distribution could claim that there was fault with the goods it received, and that there was a "lack of conformity" with them, also appears rational… read more

Essay 2 pages (692 words) Sources: 1

Individual Rights Advocates Essay … Paper Icon

[. . . .] The accused persons can even be thrown into prisons without trial without anybody knowing. The right to public trial does not in anyway impede on public order but instead restores public's confidence in the criminal justice system (U.S. Department of State, 2012).

Corrupt judges can unfairly convict an accused person when the jury is not involved in the trial. The… read more

Essay 2 pages (632 words) Sources: 1+

U.S. ICC Treaty the Benefits Essay … Paper Icon

[. . . .] S. would have if it also signed a treaty with that governing body are both important (Roach, 2009). However, they do not really afford the U.S. with any kind of protection for its citizens. There is something to be said for "fitting in" and "going along with others" in order to have a stronger bond with others. Countries do this… read more

Essay 2 pages (762 words) Sources: 2

Criminal Procedure Term Paper … Paper Icon

Criminal Procedure

Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself?

According to Siegel (2008), "the Fifth Amendment guarantees people the right to be free from self-incrimination." Therefore, the police officers in this case should have read the Miranda rights to John as provided for under the… read more

Term Paper 3 pages (945 words) Sources: 3

Habeas Corpus U.S. Constitution Relationship Essay … Paper Icon

[. . . .] The president as the commander in chief of the defense forces must however remain committed to protecting the citizens from security threats and terror attacks both from within their jurisdictions and external attacks. Besides, the need to defend the territory from invasion and attack should not be used as an excuse of denying the detainees their right to be heard… read more

Essay 6 pages (1863 words) Sources: 7

Multilateral Environmental Agreements and Global Trade Research Paper … Paper Icon

Multilateral Environmental Agreements

Multi-Lateral Environmental Agreements

Over the last several decades, the issue of environmental protection has been increasingly brought to the forefront. This is because of concerns about: how this will affect the farmers' ability to produce agricultural-based products and the extraction of natural resources. These factors will have an effect on how quickly a particular nation can deliver… read more

Research Paper 3 pages (952 words) Sources: 3

Rights Accused 1.Fully Essay … Paper Icon

[. . . .] Additionally, the due process of law also prevents illegal interrogations and gives the accused the right to remain silent. The accused also has the right to a pretrial and to be informed of the charges that they are facing. It also gives them the right to a fast and speedy trial. All these rights in the due process of the… read more

Essay 3 pages (1019 words) Sources: 3 Style: APA

Federal Tort Claims Act Essay … Paper Icon

[. . . .] The most important statement from FTCA is that the particular laws of every state must apply while enacting the legislation. This means whether any similar situation, or similar damage occur to individuals from different states, the compensation laws would be different for them. It is obvious that the person who is claiming the tort compensation should prove it against the… read more

Essay 4 pages (1421 words) Sources: 3

Unreimbursed Theft Loss Schroerlucke Case Study … Paper Icon

[. . . .] IRS filed a summary judgment.

Issues

1. Whether the losses are attributable to the state law in the state of residence?

2. Whether the losses were actually due to theft?

Conclusion

1. Yes

2. No

Analysis

There is evidence that the courts have adopted the state law test to determine if a theft has actually occurred, DeFusco v. Comm'r, 38… read more

Case Study 2 pages (479 words) Sources: 0

Habeas Corpus Essay … Paper Icon

[. . . .] As the war on terror continues to gain momentum in the contemporary United States, the government has continued to resist access to the legal mandate on the argument that such an action could interfere with military operations and Executive Branch authority. The numerous concerns and questions about access to habeas corpus by illegal combatants is complex because of its multifaceted… read more

Essay 6 pages (2032 words) Sources: 5 Style: APA

Right to Privacy, 1st Amendment Term Paper … Paper Icon

[. . . .] However, the Supreme Court rejected this challenge and determined that although the Board of Education "acted in good faith without malice or prejudice and in the best interests of the school system entrusted to their care and control, and, therefore, that no substantial reason exists which compels the suppression of the two books under consideration" (Notable First Amendment Supreme Court… read more

Term Paper 2 pages (703 words) Sources: 2 Style: APA

Accounting Industry Essay … Paper Icon

[. . . .] As they are fully aware of the different provisions of law and are willing to engage in deception to hide this fact. This is illustrating how Sarbanes-Oxley could encourage unscrupulous executives to become involved in other activities (in order to go around these regulations). When this happens, the law will become ineffective with more people using this approach on a… read more

Essay 2 pages (622 words) Sources: 2

Constitute a Public Nuisance Term Paper … Paper Icon

[. . . .] The judge properly pointed out that a certain amount of aroma is to be expected and accepted as part of living in a rural area. Eliminating all aromas is not possible in the operation of a large commercial dairy farm and the plaintiffs knew when they purchased their property that the adjoining property was just such an operation. As a… read more

Term Paper 2 pages (782 words) Sources: 1+

Police Officers Have Discretion Essay … Paper Icon

[. . . .] Author Russell Weaver, a constitutional lecturer, presents several cases that apply to this question of whether enemy combatants have the right to habeas corpus. In Hamdi v. Rumsfeld, a U.S. citizen named Yaser Esam Hamdi -- who grew up in Saudi Arabia and was captured in Afghanistan for "allegedly aiding the enemy" -- was detained as an enemy combatant and… read more

Essay 6 pages (2047 words) Sources: 5

Liebeck V Mcdonalds in 1994 Essay … Paper Icon

[. . . .] 303), and I think the plaintiff's ability to successfully established liability of negligence against the defendant was not over looked by the judge and the jury.

In addition to the tort of negligence, "product liability" is another applicable law to this case that the judge and the jury based their final decision upon, which is the legal liability manufactures and… read more

Essay 8 pages (2142 words) Sources: 10

Government Originalism or Non-Originalism Essay … Paper Icon

[. . . .] Therefore, the contemporary nature of society, which neither upholds chattel slavery nor such a low regard for African-Americans mandates certain changes from the original constitution, which would be impossible if originalist thinkers had their way.

Additionally, non-originalism allows for the consideration of precedent setting when upholding or declaring certain laws unconstitutional. For example, the landmark Supreme Court decision in Brown… read more

Essay 2 pages (613 words) Sources: 1

Sir: I Feel Essay … Paper Icon

[. . . .] I think the same standard that applies to interrogations of suspects should also apply to job applicants.

Furthermore, the Sheriff's Department seems to believe that not only are lie detectors notoriously easy to fool, the knowledge necessary to deceive them is also widely disseminated. There appear to be a plethora of methods available and easily applied that will throw the… read more

Essay 2 pages (673 words) Sources: 2

Tws Liability Ms. Jones Slipping Essay … Paper Icon

[. . . .] However, the facts as they do exist do not favor TWS all that much.

Verdict

What is clear from the facts above is that both Ms. Jones and TWS, both in their own ways, contributed to the accident. The verdict for this case would depend on what state the case is being tried in. If the case is being held… read more

Essay 2 pages (809 words) Sources: 4

Conditions Precedent, Subsequent and Concurrent Essay … Paper Icon

[. . . .] In most cases, the occurrence of a condition subsequent results in the cessation of any duty to perform and the rights and interests within the terms of the contract. Therefore, it's important to carefully read and understand contracts in order to detect any situations that may be conditions subsequent and determine what happens if the situations occur. This requires the… read more

Essay 2 pages (726 words) Sources: 4

Legal Book Review: The Buffalo Term Paper … Paper Icon

[. . . .] Pittston used the defense that the flooding was caused by an 'Act of God.' However, Stern points out that it was not an Act of God that Pittston never engaged in basic safety precautions. It piled more water in the dam that it was designed to hold and had utilized no safety mechanisms or disaster planning. Furthermore, another case, decided… read more

Term Paper 2 pages (716 words) Sources: 1

Brown v. Board of Education Term Paper … Paper Icon

[. . . .] What is interesting in Hernandez v. Texas, is that the case had really nothing to do with the actual murder. The case became meaningful on so many other levels. Although the video mainly helped me to feel positive, it also brought up some anger and frustration. What about all the cases in which people do not have lawyers as dedicated… read more

Term Paper 2 pages (652 words) Sources: 0

Clause Essay … Paper Icon

[. . . .] 2).

Meantime Texas Congressman Ron Paul claims the Supreme Court has "…utterly abused the commerce clause for decades" (Paul, 2012). He cites the "infamous" case in 1942 (Wickard v. Filburn); in this case the Supreme Court held that a farmer that grows wheat for his own family needs nonetheless affects interstate commerce "…presumably by not participating in it!" (Paul, p.… read more

Essay 2 pages (778 words) Sources: 4

Judicial Process in the Federal Courts Essay … Paper Icon

Judicial Process in the Federal Courts

Federal Judicial Process

Throughout the United States there are two courts of law, the state and the federal courts. The federal courts are broken up into districts with district courthouses throughout each state in the most highly populated areas and only hear specific cases. Generally, the cases heard in district court must either be… read more

Essay 2 pages (613 words) Sources: 0

Pharmaceutical Case Case Study … Paper Icon

Pharm Case

Pharmaceutical Recall Case

Casings, Inc. does not have too many defenses to this contract clause, as it was evident in the contract that they signed and it can be expected that a business the size of Casings, Inc. would have the resources to perform appropriate due diligence in reviewing the contract before signing. If they could demonstrate that… read more

Case Study 3 pages (932 words) Sources: 3

Sociology of the Workplace Discussion Chapter … Paper Icon

sociology is a social science that studies society. This makes it multidisciplinary, since society is made up of so many divergent components. The idea is to use scientific evaluation and investigation to develop knowledge that explains how humans operate within a group (society). The founder of sociology, Max Weber, said that a profession is a group that controls entry into… read more

Discussion Chapter 2 pages (768 words) Sources: 2

United States and the International Essay … Paper Icon

[. . . .] The U.S. feels that these aspects of the ICC and contradictory to the U.S. constitution.

Another reason why the U.S. is not a member of the ICC is that the ICC would try American citizens for crimes which are committed in American soil and which are within the jurisdiction of the American courts. The Supreme Court of the U.S. has… read more

Essay 4 pages (1478 words) Sources: 5

Texas Rules of Evidence Essay … Paper Icon

[. . . .] Article IV contains Rules 401-412 (Texas Courts Online. December 21, 2011. P. 4-6).

Article V

Article V speaks to Privileges. Article V contains Rules 501-513 (Texas Courts Online. December 21, 2011. P. 6-12).

Article VI

Article VI articulates Rules Regarding Witnesses. Article VI contains Rules 601-615 (Texas Courts Online. December 21, 2011. P. 12-16).

Article VII

Article VII concerns Opinions… read more

Essay 2 pages (439 words) Sources: 3

Medical Malpractice Term Paper … Paper Icon

Ostrowski v. Azzara there existed a material issue of fact about whether the patient's failure to follow the medical care instructed may have contributed to the harm caused. We will consider whether or not a physician should be immune from liability in those cases in which the patient's contribution to the harm suffered was as great as the physician's contribution.… read more

Term Paper 2 pages (673 words) Sources: 3

Media in the Courtroom High Essay … Paper Icon

[. . . .] Just the opposite, they "saw only the best highlights from the arguments, the most compelling of the witness testimonies and a host of evidence (only some of which was ever admitted in court and presented to the jury)," and then followed the lead of TV commentators and talking heads in deciding that she was guilty (Ferguson 2011). Then Americans sat… read more

Essay 3 pages (1050 words) Sources: 1