Stuck with your law assignment?

Get answers from academic experts to any study-related questions.

Discuss your interpretation and feelings regarding the vast controversy in defining White Collar Crime. Present your definition for the crime and why you would ascribe to such a definition.

White-collar crime involves illegal activities that involve manipulation and concealment where prosecutors determine the person liable for prosecution depending on his status. Some crimes are very dangerous and need to be dealt with immediately without discrimination or favor. White-collar crime depends on the class of people when taking disciplinary action...

Which philosophy-judicial restraint or judicial activism-comes closer to your own thinking about the proper role of the courts? Does your support for restraint or activism depend on whether a judicial decision conforms to your own preference on the issue in question?

Since the commencement of the Constitution in America, there have been two schools of thought in the Supreme Court. They pertain firstly to the invocation of judicial restraint as a court policy which implies that greater power and autonomy is given to lower courts and political bodies in taking decisions....

You are an arbitrageur in London. Swiss francs are presently selling in London for the US $0.67. You anticipate that they will increase in value and be selling for the US $0.70 in 30 days. You purchase $1 million worth of francs on the spot market. Is there anything that you can do to hedge your bet? That is, is there some way to ensure that you won’t lose all of your money in case the value of the franc plummets?

Yes, a simultaneous $1 million sale of Swiss francs could also be implemented. This would ensure that in case the value of the franc plummets, the losses due to the purchase of the francs could be offset by the sale of the francs, and therefore, all the money would not...

X in State A and Y in State B plan to enter into a contract. What can they do to avoid the impact of a fluctuation in the value of their money of account?

The impact of foreign exchange fluctuations could be avoided by following the following guidelines: Investments in gold trading could act as an effective hedge against foreign currency changes and have higher acceptability levels. It is seen that the value of the US $ had been fluctuating conspicuously against the other...

You are the legal advisor for a vacuum cleaner manufacturing company. The board of directors has sent you to State X to negotiate an investment agreement with State X’s government. Describe the provisions you think need to be in this agreement to protect your company’s investment.

The provisions that need to be invoked in the agreement in order to protect the company’s investments would be in terms of: Cost of technology transfer and transfer price: Both these factors have a direct bearing on the investments since the high cost of technology transfer would require greater doses...

The dictator of State X lets it be known that a certain lucrative contract will be granted only to the foreign company that gives the most expensive “birthday present” to the dictator’s 7-year-old son. An American, a Japanese, and a European company are all vying for the contract. With what legal and ethical limitations must they comply? Discuss your response.

Under US state laws enunciated by the Foreign Corrupt Practices Act, it is illegal for American citizens to offer bribes, whether in cash or in-kind, in order to get favorable business dealings. Further, it is also seen that the international community has for long been considering the introduction of a...

Bob, an employee of an American company, paid a large “gratuity” to the Foreign Minister of a certain European country in exchange for her assistance in securing a contract between Bob’s company and the Foreign Minister’s government. Bob’s company insists that it knew nothing about the deal and has offered to cooperate fully in the criminal suit brought in a US court against Bob. What do you feel are Bob’s chances of getting convicted? Why do you feel this way?

Bob has a very high chance of being convicted under the provisions of the Foreign Corrupt Practices Act (FCPA) 1977. Under its various clauses, the following are relevant. An anti-bribery section, banning US companies from paying bribes to obtain contracts in foreign countries. An accounting/record-keeping section that requires firms to...

The London Court of Arbitration has granted an arbitral award to Gee Co. The award requires H.R.R, the state-owned railway company in State H, to pay damages to Gee Co., a company headquartered and incorporated in State G, for breach of contract for the carriage of goods. Gee Co. seeks to enforce the award in a British court. H.R.R pleads that it is immune. What will the Court decide?

Under Article 34 of the Commercial arbitration law (UNICTRAL), which is binding on the parties, only the alternatives available to the country in terms of setting aside the said application would be available if a formal application is made for setting aside as per the following: There is valid proof...

State A sues State B in the International Court of Justice. The ICJ hands down a judgment that is adverse to State B. State B refuses to comply with the judgment. What can State A do to get State B to comply?

Under Article 94 of the laws of the International Court of Justice, the fact that State B had refused to accept the Court’s verdict could be taken up to the Security Council for hearing Article 94 instituted the duty of all the UN members to comply with decisions of the...

The S.S Rust bucket, an oil tanker flying the flag of State V, a small but sound developing country, had a terrible leak. As the tanker steamed across the high seas near State W, it discharged some 20,000 barrels of crude oil into a very rich fishing area, killing huge quantities of fish and other aquatic animals. A warship from State W detained the Rust bucket until barges could be brought alongside and all of the oil on the tanker pumped off. The Rust bucket has proven to the court that it was in full compliance with the pollution control regulations of State V and should not be held liable for the discharge. Will the Rust bucket be successful? Defend your answer.

In all probability, S.S. Rustbucket would be successful because the accident was not deliberate or intentional nor caused by negligence or lowered degree of care on the part of the tanker. Marine history is witness to an instance of major oil spillages, including the worst in American history, when in...

State X licensed Glowing Power Co. to operate several nuclear power plants within its territory. Despite all due care, an accident occurred at one of these plants, and a large cloud of radioactive dust escaped into the atmosphere. The cloud floated into the airspace above State Y before it began settling. It then caused extensive damage to the population and the natural environment of State Y. Is State X liable? Is the Glowing Power Co. liable? Defend your reasoning.

Is State X liable? The state may not be liable unless it can be proved in Court that the state’s involvement in this accident is evident. In most cases, it is the individual operator, or the person designated or recognized by the initial state, as the operator of that installation,...

State A dumps its raw, unprocessed sewage into the sea, thereby killing much of marine life along its coastline and coastlines of its neighbors, States B and C. The three States each have recognized the jurisdiction of the International Court of Justice (ICJ) to resolve disputes between them involving breaches of international law. States B and C, accordingly, have brought suit in the ICJ against State A. They have asked the Court to order State A to take immediate steps to stop dumping sewage into the ocean and to pay for their expenses in cleaning up their coastlines. What should the Court do? Defend your answer.

Under Article 210 Subsection 4 of United Nations Convention for Law of Sea (UNCLOS), pollution by dumping by States, acting especially through competent international organizations or diplomatic conferences, shall endeavor to establish global and regional rules, standards, and recommended practices and procedures to prevent, reduce and control such pollution. Such...

Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case?

a. Law Encyclopedia states that “Absolute Liability is sometimes called Strict Liability and is one kind of legal responsibility which is for damages, or injury, even if the person found strictly liable was not at fault or negligent. In addition, for reasons of public policy, certain activities may be conducted...

Identify international conflict of law issues.

The international conflict of law can be related to private international law or the international private law which regulates the lawsuits involving cases where different judgments are bound to arise depending on the jurisdiction laws applied. Conflict of laws can either be universal or particular. Universally, it relates to private...

Distinguish Tort Law from other areas of Law.

A tort is a legal wrong. For the wrong to be considered a tort, it must be recognized by the law as a basis on which the offender will be sued. Civil wrongs bring about injury to the victim which provides a basis for the injured victim to lay a...

Explain the applications of agency law in the business environment.

The employment laws and regulations have been formed for the safeguarding of the working classes of people and the compliance of the same has become imperative for agencies according to the international laws of employment. While there is a range of laws in diverse countries which are distinct from the...

Define legal obligations imposed by major employment law legislation.

There are certain legal obligations related to employment that should be regarded by the agents, contractors, and government and non-government bodies so that they conform to the rules and regulations of the employment forces of their agencies. It is imperative for the employees as well as the agencies which hire...

Describe various employment laws and their effectiveness in the workplace.

The primary intention of employment laws at the workplace was the safeguarding of the health safety of the people employed at the industries and the commercial workplaces, which included a wide range of people including women and children as well. Therefore, one of the most crucial laws was the “Occupational...

Applicant C requires the use of a wheelchair to move about due to paralysis of both legs. The position Applicant C applied for requires movement about the entire company offices, including using the elevator to access any of the seven floors in the headquarters building. In order for Applicant C to make use of the elevators, the key pads in two of the four elevator cars would have to be lowered four inches to be accessible. Applicant C was denied employment, and was told the denial was because his/her employment would cause undue hardship on Company X. Analyze the situation regarding the Americans with Disabilities Act of 1990. Explain whether or not a violation has occurred in this situation.

“Disability is a physical or mental impairment that substantially limits a major life activity.” It is further stated as inability in relation to a personal or group standard. The various natures of disability may be mental, physical, or sensory disorders. “The Americans with Disabilities Act of 1990 prohibits private employers,...

Employee B is 68 years old and has been with Company X for 42 years. During the annual performance review last month, it was determined that Employee B was doing “above average” work in the department. Employee B was denied a promotion due to age. A co-worker given the promotion, who is 32 years old, received a performance review of “adequate.” Analyze the situation regarding the Age Discrimination in Employment Act of 1967. Explain whether or not a violation has occurred in this situation.

In 1967, The Labor Department delivered a report confirming the commonness of age discrimination in the workplace. In response, the US Congress passed the Age Discrimination in Employment Act (ADEA). The Age Discrimination in Employment Act of 1967, (Dec. 15, 1967), coded as Chapter 14 of Title 29 of the...

Employee A has been with Company X for two years. Employee A’s spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11-week leave. The previous department manager left the company during Employee A’s leave. The new manager has agreed to Employee A’s return to the previous job, at the previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary. Evaluate how the provisions of the Family and Medical Leave Act of 1993 apply to this situation. Explain whether or not a violation has occurred in this situation.

According to the United States department of labor, the Family Medical Leave Act of 1993 states that eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. According to the Act, the employers covered are public agencies, including...

Analyze contractual issues unique to e-commerce.

According to the laws, a contract comes into existence when there is acceptance of the agreement. Nowadays all the websites in the e-commerce category offer something to the customer and the contract comes into existence only after the customer sign online with a check box that indicates ‘I agree to...

Compare and contrast potential legal and equitable remedies.

Equitable remedies are different from legal remedies. The legal remedies are available to the claimant as his right. However, equitable remedies are totally upon the discretion of the court and granted by the court. The equitable remedies are injunction, specific performance, rescission, Estoppel, an account of profits, rectification, subrogation, etc....

Summarize the legal defenses to contract formation and enforcement.

There are many legal defenses available to the contract formation, there are three different ways in which a contract can be set aside, the contract can be said void, voidable and unenforceable. A contract is void when it never came into existence. Voidable means that one of the parties can...

Identify the elements of valid common law contracts.

A contract has seven essential elements and each of these elements must be present for a contract to be legally binding and enforceable. The elements are: a) Offer. In general terms, we can say that an offer is a promise, which one party makes to the other party. An offer...

There are a variety of resources and services available to state and local government entities involved in being first responders. Evaluate which you think are most critical and defend your choice.

Nowadays, local governmental entities may utilize a plethora of resources and services to enhance their abilities to prevent and respond to terrorist attacks and other emergencies. One of the most essential of them is the National Planning Frameworks. They cover five of the essential mission areas (Prevention, Protection, Mitigation, Response,...

Twenty years from now, will the war on terrorism still be going on, or will it be won or lost by then? Will terrorists use weapons of mass destruction during these two decades? If so, where and with what results?

The war on terrorism is one of the main features of the modern world. Multiple conflicts in different parts of the world pose a significant threat to world security and the lives of thousands of people. Unfortunately, speculating about the future, it is possible to say that in 20 years,...

Discuss the important differences between Article II and Article III courts.

The main difference between Article II and Article III is that the former establishes the executive branch of the federal government, whereas the latter establishes the judiciary branch. Article II mainly describes the responsibilities and powers of the President. In contrast, Article III defines the Supreme Court’s powers and encourages...

Summarize the key elements of any 3 doctrines that might result in a purported contract not being enforceable (e.g., any 3 of the following: mistake, undue influence, duress, fraud, illegality, unconscionability).

Mistake When a party or parties, at the time of entering into a contract, erroneously believes that certain information is true, a mistake is deemed to have occurred. Therefore, any form of commitment to execute the terms of a contract under such circumstances can be annulled. In other words, parties...

Summarize the key elements of the capacity doctrine about contracts.

Only legally competent people are allowed to enter into a contract. Therefore, capacity is the ability to make sound decisions when entering into a contract with another party. For example, a party to a contract is expected to be of sound mind, of legal age, and have the ability to...

Summarize the key elements of the consideration doctrine about contracts.

Consideration is the price paid (in terms of money or other valuables) when one party makes a promise to another. In other words, something of value must be promised in exchange for a stated action. The promise can be in the form of effort, money, or service. In some cases,...

Explain investigating theft acts.

Theft act investigative methods are applied when investigative concealment techniques appear to be ineffective. Theft act investigations are activities that focus on the direct investigation of the fraud act. The most common types of such investigations are invigilation, surveillance, searching computers for electronic evidence, and gaining physical evidence. When using...

What is financial statement fraud?

Financial statement fraud occurs when the company’s statements of financial position are deliberately altered to mislead the readers of the financial information. As a rule, financial statement fraud involves falsifying balance sheets, statements of income, and statements of cash flows. It is propagated by a company’s management to receive desired...

In the Kelo v. City of New London case, what is the court’s reasoning? (Might include reliance on precedent, statutory interpretation, and legislative history & societal considerations). If there’s a dissent, what are the main points of disagreement?

The Supreme Court of Connecticut held that the City’s intended takings of the petitioners’ private property were valid. The decision was made based on the State’s municipal development statute, which indicates that the seizure of private land is in the public interest in case the taking is due to an...

In the Kelo v. City of New London case, what legal question must the court decide, and what is the common-law rule, constitutional provision, or statute that the question will turn on?

The Takings Clause of the Fifth Amendment to the Constitution reads as follows: “Nor shall private property be taken for public use, without just compensation.” This is intended to prevent the government from imposing burdens on individuals even if its action is supposed to create a public good. The legal...

Do you think the direction of criminological theory should focus on the balanced approach (positive/negative attributes and experiences) to determining correlates of crime? Why or why not?

The implementation of crime prevention initiatives should always be preceded by thorough research focused on the correlates of crime and the most effective ways to impact them. Since correlations can be positive and negative, the correlates of crime may include personal attributes or experiences typically associated with bad and good...

What are your overall thoughts of social support theory relative to crime?

Social support belongs to popular theoretical concepts used in different fields of study in order to delve into a variety of problems, including mental health issues, deviant behavior, and even the propensity to crime. In criminology, the theory of social support was first formulated by Cullen in the middle of...

Explain, with reference to the relevant legal texts, the current position of the EU’s competence to regulate (a) clinical trials; and (b) human material. What areas of health research are not covered by EU law? What discretion remains with Member States?

a. Clinical Trials Currently, the Clinical Trials Regulation is the primary document considering clinical trials and health research. It has a broader scope as it regulates more than “the conduct of trials on pharmaceuticals, or ‘medicinal products’” and includes a different definition of the processes. It also defines a “clinical...

With reference to the relevant legal documents, trace the history of the EU’s regulation of (a) clinical trials; and (b) human material. How have its priorities altered over time?

a. Clinical Trials The history of creating regulations for pharmaceutical trials was impacted by the events of the 1960s when pregnant women were given Thalidomide which led to them having children with major disabilities. This situation is reflected in the case of Distillers v Thompson. Health law on clinical trials...

Explain the principles of the law on freedom of association.

Freedom of association is stated in Article 11 of the Human Rights Act of 1998. The act protects individuals’ right to associate with others, thus, hold meetings and demonstrations regardless of their topic. It is crucial to mention that, under the act, freedom of association cannot be considered an unrestricted...

Identify the major requirements of health and safety law.

The Health and Safety at Work Act (HASAWA) of 1974 is the act that enforces duties employers have from the perspective of ensuring the safety, health, and welfare of individuals. The groups of individuals the act protects are not only the company’s employees but also clients and the general public....

Explain major maternity, paternity and other family-friendly employment rights.

Maternity, paternity, and family-friendly employment rights are stated in several pieces of legislation. One of them is the Maternity and Parental Leave etc. Regulations 1999. The objective of this legislation is to present the rights employees of the United Kingdom have from the perspectives of maternity and parental leave. One...

Explain the major requirements of equal pay law.

Equal pay law had several significant requirements, which are now stated in the Equality Act of 2010 protecting individuals from discrimination in the workplace and society in general. Besides the Equal Pay Act of 1970, the Equality Act of 2010 replaces several other anti-discrimination laws, including the Race Relations Act...

Explain the main requirements of the law on business transfers.

The Transfer of Undertakings (Protection of Employment) regulations (TUPE) is regulated by several acts, including the Employment Rights Act 1996 and Trade Union and Labour Relations (Consolidation) Act 1992. The goals of the legislation in the area are protecting the rights of workers whose business is transferred to another business....

Explain the main requirements of redundancy law.

Employment Rights Act 1996, along with the Trade Union, and Labour Relations Consolidation Act 1992, is the law related to redundancy. Redundancy occurs when a company wants to decrease the amount of its workforce. The objective of the law is to protect the rights of the employees affected by redundancy....

Describe when and how contracts can be changed lawfully.

There are several aspects that may result in a need for reorganization and changes in a contract from the perspectives of both the employer and the employee. For instance, a company may expand and need some people to work in the new locations, or a worker may want to extend...

Explain how contracts of employment are established.

The four essential elements of a valid contract are offer, acceptance, consideration, and intention to create legal relations. An offer is a promise do to something, such as hire a person for a position; it should be capable of acceptance. After an offer is made, it can be either accepted,...

Explain how cases can be settled before or during formal legal procedures.

There are two recognized ways of resolving disputes before and during legal procedures outside the courts. The first one is mediation, which is a voluntary form of resolving a dispute in the workplace. The purpose of mediation is to maintain and restore workplace relationships and help the involved parties to...

Describe the role played by the tribunal and courts system in enforcing employment law.

Disputes related to employment law are usually heard in the Employment Tribunal, the County Court, or High Court. Employment tribunals are judicial bodies aiming at resolving conflicts and disputes related to employment rights between employees and employers. The claims tribunals hear include the ones associated with discrimination, unfair dismissal, redundancy...

Explain the aims and objectives of employment regulation.

There are many objectives of employment regulation; the three of them are associated with social justice, employee protection, and the implementation of government policy. Social Justice Employment law is highly significant for distributing social justice, which means that it ensures that all advantages and disadvantages are distributed within society evenly,...

If an individual overpays their individual state income tax because of excess withholdings, can they deduct the entire amount in the year withheld? When they receive a refund from the state, how is it treated for tax purposes?

If a person overpays their individual state income tax because of excess withholdings, they cannot deduct the entire amount in the year withheld. In such a case, an individual has to file a tax return form outlining his or her income, expenses, investment, and other information related to taxes. An...

Why are expenses related to tax exempt income disallowed?

It should be stated that exempt income refers to types of income to which federal and state income taxes are not applied. In short words, this means that this type of income is not taxable. Therefore, one may conclude that expenses related to tax-exempt income are disallowed in order to...

What are the three components of Kingdon’s framework for policy analysis?

To successfully advocate and influence the political community, community health nurses must be politically competent. To do this, they need to be aware of the fundamental political concepts and how politics relates to nurses, patients, and healthcare (Rector, 2018). They also need to be familiar with theories of political processes,...

What are the basic ideas that are inherent to advocates?

One of the most critical tasks of community health nurses is participation in the political life of society and influence on political circles through advocacy. Nurses have always defended the interests of their patients; however, providing such protection is not always an easy task. To provide more qualified assistance, community...

How could each of the employment laws affect attracting potential candidates to your company or industry? Americans with Disabilities Act (ADA); Equal Employment Opportunity (EEO); Equal Pay Act; Fair Labor Standards Act (FLSA); Occupational Safety and Health Act (OSHA).

In the contemporary business environment, it is crucial to provide equal opportunities to all participants of business relationships. Recent changes in the legal framework have offered chances for people belonging to minorities and vulnerable populations to be represented in the business world to a greater extent. Therefore, for my industry,...

Our Founding Fathers wanted a government that would make errors of omission rather than adding laws we would later regret. They made it very difficult to get a law through Congress. Do you agree that it should be very hard to pass a law? Why or why not?

I agree that it should be very hard to pass a law because errors of omission are very grave as compared to the errors of omission. Congress made it very difficult for a law to pass through to prevent the occurrence of the errors of omission. Many nations encounter instances...

Examine what happened to people who invoked the Fifth Amendment, refused to appear or were found in violation of the law as defined by the Congressional Committee.

McCarthyism which stemmed a range of widespread investigations and persecutions was a legally challenging time for the United States as well. Several high-profile cases were reviewed by the Congressional Committees, most notably the House Un-American Activities Committee (HUAC). Many who appeared chose to plead the Fifth amendment as not to...

What are the Privacy Rule patient rights?

Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule is designed to equalize and standardize the amount of data security and privacy on the federal level. It eliminates the gaps in client confidentiality among various health information holding or transferring entities. It includes three major safeguards, such as administrative, physical,...

What is Health Insurance Portability and Accountability Act, and what are its three parts?

Health Insurance Portability and Accountability Act (HIPAA) addresses informed consent, transfer of records, and client privacy issues. HIPAA’s three key parts are administrative, physical, and technical components. Administrative sections are regulatory frameworks to make sure that the client’s data is valid and available. The physical section ensures that there is...

A graphic artist of a pharmaceutical company finished designing a logo for a new product, and the logo is now on the company’s website. He mentions that he created the new design by downloading a logo that he found on an automaker’s website and changing it a little. Is the graphic artist’s trademark violating copyright law? Why or why not? Is what the graphic artist has done ethical? Why or why not? What should the graphic artist have done initially? Is it among best practices to seek inspiration from others’ work?

A designer violated copyright law if he saw an existing idea, which was patented, and copied it entirely, perhaps slightly modifying the design. For the image not to be considered plagiarism, it is necessary to change it by more than 50 percent. If a designer took the idea of an...

Make a compelling argument for whether or not a bicameral legislature now serves the interest of the United States better, compared to unicameral legislatures that exist in other parts of the world. Include at least three detailed reasons why a bicameral legislature suits the United States best, or why it is not working and a unicameral legislature would have worked better?

As it stands, the necessity of a bicameral legislature in the US is being contested, with the primary argument being that most countries in the world, such as Denmark, Sweden, Finland, Israel, and others, have a unicameral system, which helps with promulgating the necessary legislations faster. However, in the context...

Identify and explain in detail at least three specific powers that the Constitution gives only to the House of Representatives, and at least three specific powers given only to the United States Senate.

Although the House and the Senate are partners in the legislative process, each of them has its specific powers in regards to legislation. The specific powers of the House are as follows: The House has the duty to serve in committees, as well as propose bills and amendments. The House...

How does the Fourth Amendment impact our current system of government/society?
For example, would our current system of government or society be remarkably different without this amendment? Would the impact be in a positive way or in a negative way?

The Fourth Amendment had a massive effect on the world’s legal system by affirming an individual’s right to privacy. It served as a foundation for many modern legal procedures in regards to obtaining warrants and restricting the authority of the state.