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You are writing a contract for a business transaction with a client in a foreign country. Anticipating that a dispute may arise, how will your reflect such anticipation?

A pre-dispute arbitration agreement is a tool that is used in enforcing the determination of an anticipated dispute. It is normally included in a contract in the form of a clause called arbitration clause, which in some countries is a legally binding agreement that should any dispute develop, which relates...

One of your employees has just announced that he has been diagnosed with diabetes and is thus covered by the American With Disabilities Act (ADA) and wants a new preferable work schedule. You know that the ADA requires “reasonable accommodation” to those covered by the act, but you also know that such a reassignment will violate work rules in your business. You also know that the employment contract made with the worker has a Predispute Arbitration Agreement (PDAA). What are the factors that will determine your options with regard to selection of a way to resolve this work reassignment dispute?

The American With Disabilities Act requires any employer with fifteen or more employees to provide a reasonable accommodation unless it would cause undue hardship to individuals with disabilities. The various kind of reasonable accommodation includes: restructuring a job to suit such persons, altering how a task is done, changing the...

A friend has come to you and described a business transaction that did not, according to her description, yield the intended results. If your friend selects litigation, how should she prepare for it? If Mini Trial, how should she prepare for it? If Summary jury Trial, how should she prepare for it?

Litigation is the best legal method of settling a dispute between the friend and her organization. In the litigation process, the case is brought to the court of law, having the jurisdiction to hear the case. First, she will have to file the case with the district clerk stating whether...

A friend has come to you and described a business transaction that did not, according to her description, yield the intended results. If your friend selects mini trial, how should she prepare for it?

A mini-trial involves the presentation of evidence to a third party, who must be impartial in the case. The accuser and the accused are both required to give evidence and statements in the case. This evidence is based on the real arguments that they will raise on the event of...

What are the distinguishing characteristics of the Trial, Summary Jury Trial, Mini Trial, and Private Trial? How are they similar and how do they differ? If you were asked to recommend which one of these was appropriate to resolve a dispute, what factors would you consider in your recommendation.

A trial A trial is a form of dispute resolution. The accused and the accuser both appear before a jury or judge as they present their testimonies in a formal setting and are guided by sets of formal rules. A trial may be held before a judge (bench trial) or...

Compare and contrast the different categories of drug-related confidential informants. If you were a detective in the drug unit, what type of informant would you want to work with and why?

The chances of successfully completing a drug-related investigation without the help of an informant are very low. Consequently, various categories of confidential informants are crucial in making observations and collecting intelligence. First, a problem informant is one whose personalities act as a hindrance to the collaboration. Second, egotistical informants highly...

How are clandestine drug laboratory operations identified? Who would be involved in responding to a call involving an illegal crime laboratory?

Clandestine drug laboratories are the manufacturing and distribution centers of narcotics, and most of them involve professionals in the chemistry field. The operations in these laboratories can be identified in three distinct ways. First, fire investigations can lead detectives to drug labs considering most processes of making drugs often cause...

When and how may a witness use notes on a witness stand?

Notes and reports can be used by witnesses on a stand but only in two instances. Past recollection refreshed, and in this case, to refresh one’s memory, especially if there are a lot of variables within the same case. Reference materials can also be applied as past recollection recorded to...

What characteristics does a good witness need to have? What factors affect the credibility of the law enforcement officer as a witness? What about appearance and demeanor?

There are certain characteristics that an individual should have to be classified as a credible witness. First, it is important that they are confident in managing cross-over examinations from the opposing counsel. Secondly, a good witness has to be consistent in narrating the information relevant to the case. Finally, trustworthiness...

Over the past few years, discussions about the viability of the electoral college have taken center stage. We saw this with the election of George W. Bush and calls to abolish the electoral college became deafening after the 2016 election. What are the benefits and risks of abolishing the electoral college? Do you believe that the Electoral College should be abolished? Why or why not?

The Electoral College was made to elect the president through the legislature rather than citizen votes. In one way, the Electoral College has protected the people and, in another, denied them their right to vote for president. The Electoral College gives relevance to all states, thus promoting national politics. This...

Crime prevention programs often require participation and buy-in from both law enforcement and community members? What are some issues that may arise with this and how can law enforcement combat against these impediments?

The implementation of crime prevention programs by law enforcement and community members implies the probability of specific issues. They include the latter’s dubious safety due to their enhanced responsibility and the necessity to establish a collaboration of all the participants. Nevertheless, the identified problems can be efficiently addressed for the...

Name at least two critical barriers to communication in a diverse society for law enforcement. How can law enforcement overcome these barriers?

The barriers to communication in a diverse society for maintaining order include language and culture. The former is represented by the occasions when the employees cannot provide the required degree of safety due to some citizens’ low English proficiency, whereas the latter indicates the difference in behaviors and perceptions. In...

Describe the relationship between law enforcement and the media. Why is this important or needed? Under what circumstances would it be considered necessary for law enforcement agencies to lie to the media?

The relationship between law enforcement and the media can be described by their cooperation in the task of protecting citizens by keeping them informed of essential events. It is important to avoid the panic stemming from the lack of clarity and emphasize the actions the police are taking to eliminate...

Imagine you are the police chief for the City of Staunton in Virginia. Write your Department’s new mission statement. Describe which style of policing your Department will use and why. Explain how you will promote change within your Department and get your law enforcement officers to buy-in to this style of policing. Describe what steps you & your officers will take with community members or stakeholders to build a trusting relationship with law enforcement. Explain what specific programs you will realistically hope to implement and why. Describe what level of transparency you plan to have with the public and why.

The proposed mission statement of the police department will be to ensure the safety of all citizens with regard to their cultural characteristics and create strong partnerships. The suggested type of policing is the service style emphasizing the people’s interests in the first place and aiming at improving community life....

A public high school asks its salutatorian (2nd highest GPA, after valedictorian) to deliver a non-denominational prayer at graduation. School officials will not review the prayer before the student delivers it. Take a position on whether/under what conditions this situation violates the Constitution. To make your claim, choose 2 civil liberties or civil rights that might be relevant to such a case and evaluate whether and how the government is or is not violating those liberties and rights.

Speeches during a graduation ceremony are a norm that is widely recognized throughout the world and the US in particular. However, the US Constitution harbors certain restrictions on the type of speeches given on these auspicious occasions. The scenario at hand involves a non-denominational salutatorian prayer. The First Amendment has...

Explain the meaning and importance of the doctrine of informed consent.

The Doctrine of Informed Consent refers to the legal right of an individual. It is based on an individual’s mandate to decide what should be done with his/her body during a medical treatment such as surgery. The doctrine is based on the patient’s entitlement to adequate information. The information allows...

Describe and discuss the different ways in which a contract may be discharged or ended. In your answer refer to relevant legal principles, decided cases, and where appropriate relevant legislation.

Introduction to contracts Most of the principle laws are a culmination of rulings in England. Hence, most legal statutes emanate from the English common law. Contract law in Australia is largely similar to the English statutes on contracts, but there are various differences created through the enactment of a variety...

How did the U.S. government fail to anticipate and prevent the 9/11 attacks?

The failure to anticipate and prevent the 9/11 attacks points out the laxity among intelligence and security departments in the U.S., considering that there had been numerous claims from credible sources indicating impending attacks on the United States by al-Qaeda. Evidence shows that prior to the attack, the U.S. government,...

Police have arrested, handcuffed, and put in the backseat of a police cruiser, a suspect S, on an outstanding warrant for child support. Do the police need to search a passenger’s jacket found in the backseat of S’ car?

Taking an example of a suspect S who is arrested on basis of a warrant for outstanding child support, no other actions are necessary other than an arrest. The reason for this arrest is to present S to a court of law for further direction on what action is to...

Define the terms: Testamentary Capacity and Codicil.

Testamentary capacity refers to an individual’s mental competency or capacity, to execute a will at the time the will is signed and witnessed. The author of the will is expected to understand what a will entails and be able to have a general knowledge of what he or she possesses....

Define the terms: Profits and Fee Simple Estate.

Fee simple is ownership of land, where the owner has absolute ownership and is eligible to either sell it or give the land to someone else. A condominium is a form of ownership, where an individual legally owns a unit in a multiple-unit structure of a building. Co-ownership refers to...

Define the terms: Intangible Personal Property and Tangible Personal Property.

Intangible personal property is an individual’s property that has value and cannot be touched or held. Tenancy in common refers to specific simultaneous ownership of real property, where two or more parties are involved. Escheat is the principle that unclaimed property is reverted to the state, when the owner fails...

Discuss the History of the Framework Convention on Tobacco Control (FCTC).

The FCTC is a pact that was approved by the 56th World Health Assembly in May 2003 and implemented in February 2005. The main aim of the treaty is “to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to...

Discuss the meaning of ‘rule of Law’.

Rule of law refers to the situation whereby people in a country are governed by laws and regulations that have been accepted generally as to what is wrong and right and these laws apply to every individual in that country. No person is exempt from being subject to the laid...

Discuss the difference between division of power and separation of power.

Division of power means that the powers in a state are divided among the three arms of government, which are the legislature, the executive, and the judiciary. A good example is the Australian Constitution. It gives parliament the power to make laws, which are then executed or administered by the...

Explain in detail all aspects of the offer.

An offer is an element in a contract defining an item that one is proposing to deliver. For a contract to be complete, there must be an offer. However, there are no legally binding obligations between the two parties when the quality, style, or price of the product is not...

Explain in detail all aspects of offer acceptance.

Acceptance is a very crucial element because it determines whether there will be a contract or not. For one to accept to seal a binding contract, the terms of the offer must be friendly and acceptable. However, one must be very careful while deciding whether to reject or accept the...

Explain in detail all aspects of offer rejection.

After an offer has been made, two possible responses can be expected. One of these responses is acceptance. However, a proposed offer can be rejected in the initial stage when it has been offered. Nonetheless, rejecting an offer is only possible in its initial stages, but when the contract has...

Explain in detail all aspects of contract consideration.

When there is a contract between two parties, there is always a price to be paid to the other party as an assurance. This price must be something of value, but it does not need to be money. It might include rights or benefits that one party gets. When there...

Explain in detail all aspects of contract legality.

Getting into a valid contract is not legally permitted for everyone. There are limitations that prohibit some people from getting into contracts. Some of the people that cannot get into a contract include the mentally challenged, persons below the age of 18, bankrupt individuals, corporations, people who do not represent...

Explain in detail all aspects of contract capacity.

Contract capacity is the legal requirements that parties entering into an agreement are expected to meet. This includes age, financial capability, and mental health, among other things. This gives involved parties legal authority to enter into a contract hence binding them to deliver on the promises made.

Explain in detail all aspects of contract consent.

Contracts are based on the free will of the parties involved. In addition, there must be a clear understanding of the contract’s details, and each party should be fully aware of what they are doing. In every contract, each party must express genuine consent. This is very important, especially in...

Explain in detail all aspects of contract writing.

As mentioned earlier, contracts are agreed upon through writing. Word of mouth cannot be held as proof of a contract. There have to be written documents to show that an agreement between involved parties was made in order to hold the participants of the contract legally responsible. Otherwise, without a...

Explain in detail all aspects of the counteroffer.

When an offer has been made, one can choose to accept it as it is or propose his/her terms before he or she accepts it. This is known as a counteroffer. Counteroffers are proposals made to counter the current contract on offer. A counteroffer is mostly considered a rejection.

Explain how to accept a bilateral or unilateral contract offer.

All offers are based on a promise by parties to fulfill a certain obligation. A bilateral contract is a promise by both parties to meet an obligation. In this kind of contract, each party has an obligation. The two are bound by the contract to perform a function. A unilateral...

Explain in detail all aspects of the mirror image rule.

The mirror image rule is a law that requires the terms of acceptance to be the same as the terms in the offer. A slight difference may amount to a counteroffer as stipulated in the law. As shown in the case study by Beatty and Samuelson, the professor was denied...

Explain in detail all aspects of clickwrap and shrink-wrap licenses.

When installing an application/software on an electronic device, mostly on a computer or smartphone, one has to agree on particular terms and conditions. Such contracts are known as clickwrap licenses. Clickwrap licenses are mostly found on the internet, and they are mostly part of the installation process. On the other...

Explain in detail all aspects of “silence is acceptance and forbearance.”

When an offer has been made, silence cannot be held or considered an acceptance unless certain conditions are met. Such conditions include previous dealings to prove that silence meant acceptance in a contract between two parties. For instance, when an offer has been made, and the buyer does not take...

Explain in detail all aspects of an unconscionable and exculpatory clause.

When damages occur, a party to a contract may seek to be cushioned against liabilities. In this case, an exculpatory clause is given by the party seeking to be relieved of the impending accountability. On the other hand, the law cannot enforce a contract that is not fair to both...

Do you know how many Law programs exist in the Kingdom of Saudi Arabia?

Apart from Shariah and Islamic Studies, the undergraduate law program was only introduced in 2005. There are 12 law universities that offer undergraduate law programs for women in Saudi Arabia. Also, there are only three universities that offer Master’s law programs for women. These are King Saud University, King Abdulaziz...

What obstacles or barriers to practicing the legal profession are most prominent for female law students? What types of opportunities are opening up for novice female lawyers?

The biggest obstacle for female law students in the labor market is the fact that the legal profession has always been male-dominated in Saudi Arabia, especially in our conservative culture. Also, licensed female lawyers would face some challenges, including the need to acquire the freedom to travel alone to attend...

In a legal case of negligence and liability explain why the basis for negligence may be battery, unconsented touching, or breach of a duty imposed on the doctor to disclose material information.

The basis of battery arises when a patient gives consent to perform a medical procedure, but the doctor performs an additional or different procedure. The issue amounts to a tort of negligence as the different or additional procedure deviates from the documented patient’s informed consent. A patient’s consent will be...

Prior to the arrest, does a person have to respond to police questions that are considered investigatory? What are the consequences if the court determines that the officer violated the defendant’s rights by not reading the Miranda Rights? Do you feel these are appropriate consequences? Why? If you don’t believe they are appropriate consequences what do you believe the consequences should be if any?

As a result of the Miranda v. Arizona case, the so-called Miranda Warning occurred in the judicial practice. There are three basic components of custodial interrogation. First, perhaps, everyone heard the following phrase: “from that moment, everything you said can be used against you.” It is a legal requirement in...

Assume that you are not satisfied that the Constitution protects a right to individual privacy and that you are convinced a “twenty-eighth amendment” needs to be written to protect such a right. If you were to draft such an amendment that would explicitly protect the right to privacy, how would you define the right to privacy? What activities would you include within this right if you were to draft such an amendment? Are there cases on the point that support your definition and the activities that you believe should be included?

Currently, there are twenty-seven amendments to the United States Constitution. I consider that the twenty-eighth amendment needs to be enacted to prohibit individuals’ right to privacy. Precisely speaking, I would like to limit the freedom of the press to some extent. As a rule, journalists interfere in the private life...

Based on the Fourteenth Amendment, against what sort of discrimination can the federal government take action? How has the federal government attempted to expand its ability to ensure equal protection? If a state’s board of health issues an operation license to a restraint that refuses to seat Native Americans, does the state become a party to the discrimination and therefore subject to federal government intervention?

The Fourteenth Amendment abolished slavery and its consequences, such as racial discrimination. What is more, it stated that no state should make or enforce any law which could abridge the privileges or immunities of citizens of the United States. In addition, states cannot deprive any person of life, liberty, or...

Review the Freedom of the Press Research Articles that have been provided by the First Amendment Center and choose one of the topics covered for this discussion. It can be the issue of photography or another of your choosing. Identify the issue, explain the current situation, and explain how you believe the issue should be resolved to ensure that freedom of the press is ensured in accordance with the First Amendment.

Justin Bieber was driving his car in Los Angeles when a police officer stopped him, noting the Nissan car was moving behind him “dangerously close,” breaking the appropriate distance. The driver of the Nissan, the photographer Paul Raef, was charged with violation of the new law of the State of...

Read the State v. Suhn case. In your opinion, did the Court make the correct decision? Why or why not? What impact do you feel the Court’s decision will have on law enforcement’s ability to make contact or arrest individuals who are being belligerent with them?

The case of State v. Suhn reveals the disorderly conduct of Marcus Suhn and the Supreme Court’s decision. The police arrested Suhn when he cursed at the police. The trial court admitted his guilt. Nevertheless, Suhn applied to the Supreme Court of North Dakota, and the latter justified him. The...

Research a U.S president that invoked presidential executive privilege and explains whether you felt that the use of the privilege, in this case, was appropriate and necessary. If you felt it was necessary, explain why. If you felt that the President should not have invoked the presidential privilege explain why. If the presidential privilege would not been invoked what do you think the outcome of the situation would have been?

The case of Youngstown Sheet & Tube Co. v. Sawyer clearly demonstrates the situation when the President invoked the presidential executive privilege. The circumstances of the case occurred in 1952. Workers’ strikes in the steel industry plants organized in the period of the Korean War, which began in 1950, caused...

The Bill of Rights plays a significant role in the protection of citizens’ rights. Identify the rights given to criminally accused persons under the Bill of Rights. Do you think these rights should be applied to individuals whom the federal government has identified as “enemy combatants” or illegal aliens? Give your reasons for offering or not offering these rights.

The Bill of Rights is an integral part of the United States judicial system. It also identifies rights given to criminally accused persons. Namely, it ensures the prohibition of the re-prosecution for the same offense, the right that nobody should testify against himself in a criminal case, and the right...

Identify various sources of stress as they relate to a criminal justice organization. Discuss the consequences of stress and how they may affect criminal justice personnel. How might a criminal justice manager address the problem of stress?

Some of the common sources of stress for criminal justice organizations come from the administration of the department. Due to the political nature of administrative dealings in police departments, officers are often subjected to a significant amount of uncertainty since the way they may act one day may be considered...

Do you agree that living in a home where domestic violence is taking place is harmful to children? What if the child never sees the abuse take place and appears to be fine? Do you believe that courts should take domestic violence into account in custody cases particularly when the children are not abused, but their parent is?

While relying on the case, the court stated that temporary emergency jurisdictions can be exercised by a court whenever a child is abandoned, or it becomes essential for the well-being of the child. In the event that the child is in a threatened state of mistreatment by the siblings, the...

Compare and contrast an internal standard versus an external standard of care. Provide an example of each type of standard that would be applicable to your area of professional practice.

Standards of care are normally employed to safeguard a consumer. Therefore, health standards of care are applied to protect the consumer of health services, that is the patient. The standards of care are divided into two, the internal standards and the external standards of care. Internal standards are standards that...

You’ve received an anonymous tip that a local gun advocacy group plans to hold a rally in the town square the next day. The group hasn’t applied for a permit to hold a rally, but they’ve held such events in the past and they’ve always been peaceful. You strongly support Article 2 of the Constitution and the beliefs of the gun advocacy group, and you don’t want to do anything to offend the members. You believe the anonymous tipster is providing accurate information, but you can’t be absolutely sure. You also believe that no one else in your police department is aware of the impending event. What do you do? Give reasons to support your decision.

Ethical dilemmas have been in existence since the inception of philosophy. Our job specifications form the basis of the occurrence of these conundrums. The reason why professional life tends to be more affected by ethical dilemmas is that these occupations are guided by sets of agreed rules. Consequently, a battle...

Assume that in response to the tip you received about the gun rally, you decide to advise your fellow police officers. You gather a group of officers together the next day in case an unlawful rally is held. As the gun advocacy group begins to appear on the town square, you confer with the chief officer on duty. She tells you to wait until the entire group has gathered and then storm the area, with tear gas and billy clubs. You’re further instructed to arrest everyone you can and to charge them with unlawful assembly, trespassing, rioting, and anything else you can come up with. She also makes some very derogatory comments about anyone who supports such a group, claiming they’re terrorists and thugs. You personally disagree with the chief and believe she’s acting both improperly and immorally, allowing her personal beliefs to interfere with her legal responsibilities as a police officer. What do you do? Do you follow her orders? Why or why not? Explain your answer.

Insubordination by junior officers to their superiors may arise due to objectivity or differences in the personal goals of the officials. Orders given by superiors need to be evaluated for both ethical considerations and also avoidance of would-be incriminating actions. In essence, it is in my best interest as an...

In the Court of Appeal, the case of May and Butcher, Ltd v Regent was referred to. Define the terms “apply” and “distinguish.” Does Lord Tomlin choose to apply or distinguish this case here?

In common law, applying means using a previous case from the same or higher court whose materials and facts are similar to the case at hand for making a decision. In contrast, distinguishing a case refers to the court’s decision to not apply the holding or ratio decidendi of a...

In New York v. Belton, the United States Supreme court extended Chimel v. California to a motor vehicle search where the operator of the vehicle was arrested, handcuffed, and placed in the backseat of a police cruiser. However, in Arizona v. Gant, our United States Supreme court more or less overruled Belton. Which decision do you endorse; Belton or Gant? Why? Support your responses with citations and demonstrate a critical analysis of both cases.

The case of New York v. Belton provided a clear definition of a search warrant for an arrestee’s vehicle. It required either a threat of possession of a weapon by an arrestee or an explicit confirmation of the existence of evidence that can be destroyed if left unattended. The second...

You’re asked to investigate the gun advocacy group and its activities. To do so, you need to work with the police department in the next county. After contacting their chief, you’re assigned to work with another seasoned officer who has also been conducting some preliminary investigations of the group. You decide to do some field investigations together the following day. While you’re out working on the investigation, the other officer decides to stop at the local convenient market for some lunch. He picks up a sandwich and coffee, waves to the owner, and returns to the police vehicle—without paying for the items. When you ask him about it, he says that he has an “arrangement” with the owner and not to worry about it. He explains that he and the store owner help each other out. Finally, he says, “If you’re hungry, go inside and pick up what you want.” What do you do and what concerns do you have? Explain your answers.

Receiving gifts from the general public is a discouraged action in policing. The professional moral code requires an officer to uphold honesty and dedication to the service. Some favors are given to police officers to provide additional security, and such offers may be tempting, as they may be providing short-term...

You happen to be in the courthouse during the trial of some of the members of the gun advocacy group. As you walk by the chambers of the judge who is presiding over the trial, you overhear the judge and the chief prosecutor discussing the case. The judge is talking about one of the defendants in the case and is making some very derogatory comments. You’ve often appeared in trials before this judge, and you’ve always found him to be fair and impartial. In this case, however, you’re concerned that the judge and prosecutor may be engaging in inappropriate activity. This situation is particularly troublesome because the trial is proceeding at the request of all parties as a bench trial, with the decision being rendered by the judge without the benefit of a jury. What would you do? Explain your answer.

Normally, police officers ensure cooperation between all agencies of the legal system. Negligence of such a responsibility equals an obstruction of justice. Judiciary dispenses equity and enhances its cooperation with all agencies in upholding the rule of law. This is the reason why if I have a complaint about a...

In the course of your investigation of the gun advocacy group, you have to go to your local county prison to question one of the group members being held there pending trial. This particular individual has been a problem inmate and is being held in solitary confinement. He’s to have no contact with other members of the group. You meet with him alone in a private interrogation room. He knows that you generally support the group, and he does his best to answer your questions, although his answers aren’t as complete as you would like. At the end of the questioning—just before he rises to leave the room—he slips you a note in a sealed envelope and asks that you give it to someone who is involved in the gun advocacy group. He says it’s very important and implores you to just hand it to the person or drop it in the mail. He then leaves the interrogation room. What do you do? Explain your answer.

Any organization has its own rules, and our prisons are not exempt. Laws bring about order in a society, and that is why most people have been charged in courts for using their positions to gain at the expense of others. As a police officer, I am only entitled to...

While on routine patrol you’re dispatched to an apartment building where there’s been a report of a male disturbing the peace. As you and your partner arrive on the scene, the apartment manager informs you that the tenant on the second floor is threatening other tenants. Upon reaching the suspect you begin shouting commands for the subject to place his hands where they can be seen. The subject isn’t complying with the commands and is acting in a way that you’re trained to understand may be linked to mental health illness. What do you do? Explain your answer.

The law allows an officer to use force to maintain civility. An ethical dilemma arises between the choice of use of coercion or crisis intervention strategies. There are situations that call for the use of compulsion for mentally instability cases. If an officer is plausible to be attacked by the...

Read one current article from the Washington post that is related to Civil Liberties. Please be sure to analyze the newspaper article by relating the article to concepts from the struggle for Democracy 12th edition Greenberg.

Spencer S. Hsu, in his The Washington Post article titled “Civil liberties groups sue Trump, Barr for forcefully removing Lafayette Square protesters,” talks about how American protestors feel their rights have been violated. The writer notes that the American Civil Liberties Union (ACLU), alongside Black Lives Matter (BLM), in June...

Read another current article from the Washington Post on a topic that is also related to civil liberties. Please be sure to analyze it by relating them to concepts from the struggle for Democracy 12th edition Greenberg.

Shane Harris’ piece published in The Washington Post titled “Privacy and civil liberties board will review surveillance law that has vexed Trump” discusses how a state board is exploring its powers to monitor people’s communications. The author explains that an independent government agency formed to protect Americans’ privacy and civil...

You are working for a trading company registered in the country of your nationality. You signed an international sales contract with a Russian supplier of equipment, where your company is the buyer. The equipment arrived at you in damaged condition and you have to take action to settle the case. What is the law applied to this contract?

The law applied in this case study is the United Nations Commission on the international sale of goods. This law set out the rules that should be followed for the international sale of commercial goods. The law identifies the rules that regulate transactions between a buyer and a seller who...

You are working for a trading company registered in the country of your nationality. You signed an international sales contract with a Russian supplier of equipment, where your company is the buyer. The equipment arrived at you in damaged condition and you have to take action to settle the case. In case negotiations and mediation fail what would you choose – arbitration or court litigation? Why? What are the advantages of your choice? What court would have jurisdiction over the litigation if arbitration would be impossible to use?

If negotiation and mediation fail, the seller should seek legal help from the court. A court has many advantages compared to arbitration, especially in cases involving regional business contracts. A court can be able to provide a fair judgment and compel the seller to pay or repair the goods. The...

You are working for a trading company registered in the country of your nationality. You signed an international sales contract with a Russian supplier of equipment, where your company is the buyer. The equipment arrived at you in damaged condition and you have to take action to settle the case. What kind of damages can you claim in this case?

The buyer can claim damages for the loss of profits. The buyer can claim loss of profit on actual order due to breach of contract. However, the court has to determine the foreseeability, causation, and actual proof of damages. The loss of profit must be a direct result of a...

Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District court for negligence. Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right? Also, discuss the standard the court will use to determine whether jurisdiction exists.

Yes, Jim is right. Under the constitution of the United States, a Federal District Court has outright subject matter jurisdiction in matters where residents of different states have a dispute that exceeds seventy-five thousand dollars. In this scenario, Mike and Jim are residents of different states, but Mike has only...

Article I states that Congress possesses the legislative powers “herein granted.” There is no such language in Article II. It has been contended that this language indicates that the framers did not intend to limit the President to the powers enumerated in Article II. Do you agree? Also, note that a congressional privilege is expressed in the Constitution, but no similar presidential privilege is mentioned. What is the import of this omission?

According to the Constitution (Sec. 1, Art. II), the executive power is granted to the President of the United States. This definition is based on the principle that separation of powers determines the role of the President as the head of the entire executive branch, in other words, as the...

Do you agree with President Nixon that if a president commits an act in the best interest of the county, that act is by nature lawful? Is his position supported by the judicially created doctrine of absolute immunity? Have there been other situations with different presidents that you can think of in which the President may have committed an act that would have otherwise been considered unlawful? If so, was presidential immunity at issue, or was it even addressed?

The US President has absolute immunity from criminal liability for committing frivolous crimes punishable by up to six months of the arrest or a fine of less than $5000. Among reasons for the attraction of the President to criminal responsibility, the US Constitution notes treason, bribery, or other serious crimes...

North Carolina has an emerging apple-growing industry. The State of Washington has the largest and most refined apple industry in the nation. Does the dormant clause apply in this case? Are there any commerce clause issues? What should be the outcome?

The case of Washington and North Carolina concerning apples reflects the issue of commerce. It was stated that the United States Department of Agriculture (USDA) standards should be followed by all the states. However, Washington Company created more innovative quality standards. As a result, North Carolina applied to the court....

Imagine there was a statute called the Reading of Contracts Act (fictitious). When seeking to interpret an ambiguous section of the statute, what are the key rules of statutory interpretation that Lord Tomlin would have employed in the Hillas v Arcos case?

There are three main rules that may be applied to statutory interpretation: literal, golden, and mischief. The literal principle interprets the statutory based on the plain ordinary (literal) meaning of the words. The golden rule is a subset of the literal rule and is used when the application of the...

We know an officer cannot stop or arrest a person based on a “hunch”. However, in Whren v. U.S., the U.S. Supreme Court upheld a ‘”pretext arrest”. Does the Whren decision encourage law enforcement to “circumvent” the legal system? Why or why not?

The case of Whren v. the United States led to numerous debates regarding the initial reason for pullover and the arrest it led to. However, due to the evidence, the officer observed When speeding away and stopped him due to this fact. The initial pullover was not based on a...

Assess the impact of globalization on the U.S. criminal justice system.

The process of globalization has affected the functioning of the U.S. criminal justice system. It should be mentioned that many people, who are suspected of committing crimes against American society, can live in other countries. Therefore, they can be outside the jurisdiction of the United States government. In turn, American...

Differentiate the policing systems on a worldwide scale.

Policing systems established in various countries evolved in the course of many decades and sometimes even centuries. The differences between them can be attributed to the political culture of various nations, the form of government, or people’s attitude toward the state. For instance, a policing system in the United States...

Rebecca and Jen want to open a business making wedding and other specialty cakes. They plan to rent a space to make the cakes, purchase the equipment and supplies, and hire a small number of employees. They are relying on their savings as well as a small bank loan to finance the project. They are trying to decide between operating the business as a General Partnership or a Corporation. Provide at least three different considerations that should factor into the choice.

Corporations and partnerships are bodies formed with the purpose of performing certain businesses. However, they both have diverse structures that differentiate them. A partnership comes into existence when two or more individuals join in doing business with the aim of making profits. On the other hand, a corporation is a...

Henrietta Bighair is a beauty makeover consultant who needs her accounting information system updated. Greg Geekulous is an accounting software enhancer. Bighair and Geekulous want to enter a contract for the exchange of these services. What is required for valid contract formation? What elements must their contract contain? If it turns out that Henrietta Bighair is only 14 years old at the time she and Greg try to enter into a contractual arrangement, what recourse might she have if she tries not to provide makeover services after Greg has updated her software? What recourse might Greg have?

For a formation of a contract to be valid, elements such as acceptance, offer, consideration, capacity, and intention to create legal relation ought to be observed. The success of many commercial transactions relies on legally binding contracts. The creation of legally binding contracts enables a party member to sue the...

Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the future in regard to the law and business practices.

Technological advancement in modern society has changed the way business is conducted across the world. For instance, the Internet has aided in the growth of businesses as it provides traders with easy access to markets and relevant information, which are critical elements in the growth of any business. However, although...

How do governments attempt to control foreign businesses operating within their borders? When U.S. companies do business in other countries, what issues do they face? Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries.

Governments across the world have realized the importance of the Internet as a marketplace for doing business. As global computer networks cut across territories of different nations across the world, through international agreements, signatory nations have agreed to give foreign companies the same protection that they give their own companies...