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Describe the three types of justice which provide a framework for evaluating the fairness of different situations. Give examples of each type of justice. Make sure that you differentiate justice from the eastern or Vietnamese and Chinese view versus the western or US and Canadian views.

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...

What is contractual capacity?

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.

How do law and ethics intertwine?

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...

What is the Separation of Powers in the U.S. Constitution?

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...

What are the pros and cons of using patronage to fill government positions?

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...

What are the four elements of a valid contract?

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.

Are advertisements generally considered offers? Why or why not?

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.”

What is the legal distinction between selling a product and licensing it?

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.

What is the rule of law? Should there be any adjustments?

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 basic test for classifying a term as a condition, warrenty or innominate term is clear, but its application requires recognition of the benefits of the different classifications.” Critically discuss this statement.

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...

What is the mission of the Sentencing Project? How does it coincide with the interests of the National Assoc. of Sentencing Advocates, a link to which you can find the Sentencing Project’s home page?

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...

What are some reforms that have been proposed in the field of criminal sentencing?

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...

What are the different forms of sentencing used in different jurisdictions?

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...

What is the purpose of criminal sentencing?

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...

What is your conclusion about who is likely to falsely confess?

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.

What did the expert say as to why people falsely confess according to the video “Coerced Confessions”? And how do you link the accused in these cases to the statements by the expert?

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...

Compare the similarities and differences among the 3 cases of the former sailors (the Norfolk Four case), the Central Park teenagers (the Central Park Jogger case), and the case in Chicago False Confession Capital.

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...

What made the former sailors falsely confess to a crime that they had not committed, according to the documentary video “Confessions”? What is the status of these former sailors?

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...

What do you think, which type of punishment deters crime most effectively?

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...

How have affirmative action and ADA laws changed hiring practices?

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...

How does bankruptcy affect interest rates on loans? Credit cards?

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...

What are some of the reasons people file bankruptcy?

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...

Who may file Chapter 7 bankruptcy? How has this changed over the past year?

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...

Based on the Near v. Minnesota case, would you protect vile and defamatory speech?

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...

Describe the background that led the Near v. Minnesota case to the high court, the arguments each side made, and weigh the dangers of suppressing speech based on the Minnesota state law that tried to silence the press.

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...

If the Supreme Court had ruled differently in the Near v. Minnesota case, the kinds of news items we see today in the media might be considerably different. Discuss the implications of the ruling.

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...

Describe the procedure for an in-house lineup.

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,...

List the factors that influence perception by a witness.

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...

List the basic requirements for a witness.

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.

What role does eyewitness testimony play?

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...

What is the main convention designed to protect women’s rights?

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...

What are the two major conventions forming the International bill of rights?

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...

What is Agenda 21?

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.

What is the Kyoto Protocol?

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...

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...