Get answers from academic experts to any study-related questions.
The Universal Declaration of Human Rights states that education is a fundamental human right and should be available for everyone. Article 26 of the Declaration elaborates on the point by affirming the need for free education and compulsory elementary schooling. Further, professional and technical training, as well as higher education,...
Litigation is a process that implies the use of courts. The goal of litigation is to award a verdict, sentence, or damage to the company or organization. Many parties come to the lawsuit when they have contractual disputes so that the court could establish the proper resolution or suggest the...
When tackling international and domestic sales, international law tends to adapt the contract rules according to those established in the domestic economies. In this respect, the Uniform Commercial Code accepted in the United States in 1952 has been also taken in account by International Law. Therefore, the similarity between international...
Studies point out three basic forms of justice from which individuals can make their decisions. These are communicative justice, distributive justice and social justice. Communicative justice champions for the respect of dignity for every individual when making decisions in economic transactions, promising or making contracts. For example, while workers must...
Originally, capacity is the common law of contracts and many state statutes protect persons who lack contractual capacity from having contracts forced on them. From the other point of view, capacity is the person asserting incapacity bears the burden of proof.
Law and ethics are originally intended to mutually supplement each other, nevertheless, some things that are legally permitted may be unethical, and vice versa – what seems to be ethical may be legally prohibited. The main difference between these issues is covered in the statement that rules of ethics are...
Separation of Powers is one of the basics of the U.S. Constitution that is designed to provide for the development of democracy in the country. The essence of the Separation of Powers lies in the fact that there are three powers that do not interfere with each other but are...
The pros of using patronage to fill the government positions are limited to the fact that by appointing one’s political allies to important positions, one can achieve the highest level of commitment at all levels of legislative, executive, and judiciary powers. At the same time, the cons of such an...
There is a moderate difference under Californian laws. In order for claims to arise under Californian laws, it is necessary for the applicant to prove that the defendant, intentionally and without the necessary permission from the original holder, impeded with his rightful use and made illegal transgressions of a right...
The Leonard v. PepsiCo Points case in the year 1999, to a large measure, met the four elements of a valid contract, which are the existence of a valid agreement, capacity of parties, consideration, and legality.
The objective theory of contract states that the jury, in most cases, would believe that the idea of business dealings would be in terms of aiding and abetting enforcement of a contract. The Courts, for instance, need to believe that parties enforce a contract, and the deliberations of the case...
In the Leonard v. PepsiCo, Inc., 88 F. Supp. 2d 116, 123 (S.D.N.Y. 1999), and, 210 F.3d 88 (2d Cir. 2000), the Courts did not accept the argument that the advertisement showing the Harriet jet aircraft constituted an offer by the company to induce the public to respond to it...
A large number of advertisements are merely invitations to make offers and may not create the right to enforce acceptance by the offerer (public) on the advertising company. Similarly, “an advertisement usually is not transformed into an enforceable offer merely by an expression of willingness to accept.”
In the case of a unilateral contract, the reward forms the offer, which is accepted by any member of the public, either by word or by action. For instance, if A were to reward the finder of his dog with $500, any person who brings the said dog to A...
Article 1 Section 8 of the United States Constitution states as follows: “The Congress shall have the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises...
The major differences between Article 2 of UCC and UCITA are that while UCC deals with the sale of goods, UCITA deals with the transfer of computer information. Thus, while UCC may be delineating the sale of goods, UCITA may be in terms of transactions dealing with computer or software...
After buying a product, both the ownership and possession vest with the buyer, whereas in the case of licensing, the “privilege of use” of the said product vests with the transferee. The legal ownership may still vest with the seller after transferring possession onto the buyer.
The reasons are not too far to seek. Computer laws often involve licensing issues that may be outside the purview of the sale of goods or products, largely covered by the earlier UCC. Besides, e-commerce laws are in a continual state of flux and evolution and need to expand over...
On the whole, the rule of law is the principle according to which there is no higher authority and power in a country than its law. In more detail, according to the rule of law any person, irrespective of the fact if he or she is an ordinary employee of...
The promissory obligations of a contract are its terms, classified as either conditions or warranties conditions are the important and fundamental obligations, whereas warranties are less important, subsidiary promises. In the nineteenth century, the warranty was often used by the judges to encompass all contract terms, and the strict, two-fold...
There is no longer any doubt that the crime rate in the United States of America has reached an all-time high. This claim is supported by the following statistics. In a study of US prisons in the 21st century, it was discovered that “In 2003, 22 states and the federal...
The Sentencing Project, formed in 1986, is an independent organization in the US. Its mission is to champion reforms in sentencing law and practice and offers alternatives to incarceration. It strongly believes in citizens’ involvement in criminal justice system reforms. The National Association of Sentencing Advocates is an organization established...
Incarceration Despite the reforms in criminal sentencing, the US is still leading in the world imprisonment with a total of 2.1 million offenders under the national prisons. It is estimated that there has been a 500% increase in the number of people locked in prison over the last 30years. This...
Previously before criminal sentencing reforms, federal judges had extremely wide discretion in sentencing, and that they were free to enforce any sentence varying from probation to the statutory maximum. The offenders had no meaningful appeal of the sentence. The sentencing depended on the judge’s understanding of the concept of justice...
Death penalty This kind of sentencing is meant for those who commit first-degree murder through aggravated situations. The defendants who have been convicted of capital offenses do have a right to forward allaying situations to the attention of the sentencing authority so that only individuals deserving to die for their...
The purpose of criminal sentencing is manifold and includes the following: Retribution; where punishment is imposed by society on individuals for their anti-societal behavior. Specific deterrence is done to a criminal to discourage him from committing the act again. General deterrence is imposed on members of a society to discourage...
The likelihood of false confessions does not depend so much on the race as it does on age. Young people who have no experience of criminal activity and do not know what rights they have tended to lose control under the pressure of the detectives.
The expert says that people become so “paralyzed” and feel so “helpless” at the interrogation that at some point, they “will do anything they need to get out of that room.” The “overriding calculus” of all such cases is that the accused person becomes “emerged in the idea that they...
The similarities in The Central Park Five and Chicago: False Confessions Capital, the men were black and Hispanic; in The Central Park Five and Chicago: False Confessions Capital, the falsely accused, were teenagers; the victim was a woman in every case; the interrogation was performed in a manner that made...
The major reason why the five teenagers made a false confession was that they were deceived by the detectives. They were told that if they signed a confession, they would go home. The next issue was that they were exhausted, hungry, and scared. They were just children, and they were...
The reason why former sailors falsely confessed a crime they had not committed was that the interrogation procedure was extremely harsh and exhausting. The detective deceived suspects by telling them they had not passed polygraph testing. Further, he treated them in an utterly brutal manner. The men were hungry and...
Many assume that the consequences of punishment did not benefit to the society or criminals. The authors of ‘Supermax Prisons Myths, Realities, and the Politics of Punishment in American Society’, Pizarro, J.M., Stenius, V.M.K., & Pratt, T states that the effects of justifications of punishment on this society have negative...
The criminal system has four justifications for punishment; they are known as Retribution, Deterrence, Rehabilitation, and Social Protection. Macionis have defined them as below: Retribution is an act of moral vengeance by which society makes the offender suffer as much as the suffering caused by the crime. Deterrence is the...
Now, hiring policies in teaching profession have been influenced by the provisions of Equal Employment Opportunity Commission (EEOC) and Americans with Disabilities. (ADA). School management should avoid language in their job advertisement that prevents individuals in protected age groups for applying any job. Hiring advertisement that specify that those who...
Though one day Australia was under the authorization of England, it has been developed very swiftly. The main concept of the Australian legal system is the intention to create legal relations with the other countries of the world. Through the various case decisions, the concept of the Australian legal system...
Every country of the world is being operated in a certain way or method. In the language of the law, this method is called the Legal system. Australia is a common law country. All the laws of Australia are developed from the Common Law and various case decisions. The origin...
With the rampant bankruptcy cases in the United States, the future of the issuance of credit cards and loans will be in question. This is so in the sense that several companies are losing a huge sum of money due to bankruptcy. These institutions are unable to realize back their...
There are several reasons why people file for bankruptcy. The most common ones are: a. Reduction of income. This occurs to people who have a loss of income due to loss of jobs, reduction of income, death, or other tragedy. Therefore, people in this situation can file for bankruptcy to...
Under chapter 7, not everyone is allowed to file a petition under this section. The section favors more business-like petitions rather than consumer-based. However, the section does not fully disqualify individuals from filling under this section. A petition is filed under this section if the petitioner proves that: a. Their...
Vile and defamatory speech consists of unreasonable and unfounded malicious attacks on a person that does not deserve public scrutiny due to his career affiliation. Chief Justice Hughes believed that the First Amendment had to be construed and that newspapers must not be restrained as long as they perform their...
The background of the case had been that Near, through his newspaper The Saturday Press, was accused of being a nuisance and publishing scandalous, provocative, and endangers the public. The lower court has declared Near guilty and that the paper has to cease printing and circulation. The case argued that...
There had been subsequent hurdles that Near v. Minnesota have to go through with Near representing the media, and consequently, freedom of the press. Jay M. Near has been described as anti-Catholic, anti-Semitic, anti-black, and anti-labor who began publishing The Saturday Press in Minneapolis. Using the Minnesota Nuisance Law passed...
The in-house line-up may take part in the case when the statements by the witness and by the suspected person can not be checked without it. It is necessary to reconstruct the scenery as completely as possible and all the time correct the process by asking additional and correcting questions,...
The attorney can not legally advise not to take part in the lineup, except in the case, when the physical condition or health of a witness could prevent proper identity.
To check the perception of a witness it is necessary to find another witness and compare their statements. If the witness is the only one – it should be checked for adequacy.
The factors that influence perception by a witness: lighting, weather, the sight of a witness, wit and brevity, memory, distance to the occasion, dynamics. The only thing that is necessary to mention here is that everything depends more on the circumstances and the position of a witness. Thus, it is...
The basic requirements for a witness: observance, strong memory, face recollection, ability to describe clearly, stay calm but quick, to be a conscientious citizen, be ready to cooperate with the police.
Reports from eyewitnesses play an important role in the development and propagation of both religious and paranormal beliefs. People are often ready to believe the personal reports of what others say that they have seen and experienced. Thus, it is important to consider just how reliable people’s memory and their...
The Convention on the Elimination of All Forms of Discrimination against Women is the “international bill of rights for women.” Covenant on the Elimination of All Forms of Discrimination against Women (New York, 1979). Optional protocol to the International Covenant, on Elimination of All Forms of Discrimination against Women (New...
Rights may not be exercised contrary to the purposes and principles of the United Nations, or if they are aimed at destroying any of the rights set forth in the Declaration (arts. 29 and 30).The International Covenant on Economic, Social and Cultural Rights states that the rights provided for therein...
The two major conventions forming the International bill of rights are:-Universal Declaration of Human RightsArticle 1, which lays down the philosophy on which the Declaration is based, reads:All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards...
The main conventions designed to regulate conduct during the war are:(1949 Conventions & Additional Protocols) a. Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949.This Convention represents the fourth version of the Geneva Convention on the...
Agenda 21 is a comprehensive plan of action to be taken globally, nationally, and locally by organizations of the United Nations System, Governments, and Major Groups in every area in which human impacts on the environment.
The Kyoto Protocol is a protocol to the international Framework Convention on Climate Change with the objective of reducing Greenhouse gases that cause climate change. It was agreed on 11 December 1997 at the 3rd Conference of the Parties to the treaty when they met in Kyoto and entered into...
The relationship between victims, offenders, regulators, and the finance system can be described in the way they either trust or distrust each other. There are people who are defrauded through mismanagement on the construction of trust in their financial investments. These people diversify the risks caused by financial crimes or...
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...
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....
It is possible that the physical injuries inflicted on a child may not be visible immediately. However, abuse and neglect often have consequences for the family, children, and society as a whole. The impacts could last forever. Physical, psychological, and social consequences go hand in hand. Physical effects of abuse...
Childhood trauma can be quite substantial and long-term. Professionals should therefore aim at preventing more trauma in the court system. It is actually a scary moment for children when they have to make an appearance before a judge. Children believe that judge is that person they see on television who...
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...
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...
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...
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 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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
Employment law which is also known as labor law is a labor movement for the progress and advancement of the employed class of people which was beginning to grow steadily following the industrial revolution. With more and more people giving up agriculture and farming practices and proceeding to the industries...
“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,...
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...
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...
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...
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....
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...
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...
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,...
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,...
The war on terrorism is one of the main challenges of the modern world. Instability in various regions and the increasing power of radical groups introduced the need for immediate intervention to avoid new victims and attacks. For this reason, a military campaign became one of the methods to solve...
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...
The United States mostly adheres to the nondelegation doctrine, where Congress is vested with all legislative powers. Article 1 prohibits any form of delegations, but Congress can delegate its legislative power to a certain executive branch, such as the FDA. The key condition is that Congress must be able to...
For the equitable estoppel doctrine to be used, material facts must have been concealed, the party being estopped should have known those facts, at the time of representation, the harmed party should be unaware of the facts, and the representation of such facts must be acted upon. In other words,...
The basic types of damages and equitable remedies that may be available to address a contract breach include restitution, compensatory damages, liquidated damages, nominal damages, consequential damages, and punitive damages. Under restitution, a party that breaches the contractual agreement pays the other party because the latter is deemed to have...
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...
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...
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,...
Offer and acceptance are the two most important basic doctrines of a contract. An offer is an open request to any party interested in accepting the promise given by the offeror. Acceptance takes place when an offeree shows a willingness to adhere to the terms of a contract through issuing...
The case under analysis can be seen as an illustration of the way exceptions can be applied to the at-will doctrine. According to at-will contracts, the employer can terminate the contract without mentioning any reason for that. Although these contracts are often criticized, they are common in the healthcare setting,...
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...
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...
The taking of private land is valid if the taking will serve the public interest, that is, economic development.
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...
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...