...LAW SYLLABUS 9345 Contents Introduction 1 Aims 1 Assessment objectives 1 The scheme of assessment 2 Syllabus content Paper 1: Part One: Section A – The Nature of Law 3 Section B – The Effect of Law on the Individual 3 Paper 1: Part Two: Section C – The Sources of Law 3 Section D – Law Enforcement and Administration 4 Paper 2: Section A – The Market: the transfer of goods or the rendering of 4 services for cash or on credit terms. Section B – The Workplace: the legal relationship between 4 employers and employees. Section C – The Family: the family relationship arising from 5 marriage or cohabitation. Section D – The Criminal Offender: the essential nature of criminal 5 liability and the study of particular crimes. Section E – The Individual; civil liberties and rights under private law. 5 General Marking Bands 6 Textbooks 8 Contact details 10 Advanced Level Law 9345 This subject may be taken at the May/June examination only. Introduction This syllabus provides a satisfying course for those who will end their study of Law at this stage, and lays a secure foundation for those who will continue their studies in this or related subjects. It enables candidates to develop a knowledge and understanding of legal rules and institutions...
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...Exclusionary Rule Evaluation 1 Exclusionary Rule Evaluation Paper University of Phoenix CJA 364 Abstract The following paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In this analysis, it will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. The author will state their position on the exclusionary rule and provide support for their position. The author will also include support from two peer reviewed sources. The Fourth Amendment to The Constitution of the United States reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." (The Exclusionary Rule. (n.d.). Retrieved May 24, 2015) the exclusionary rule prevents government from using evidence that is retrieved in violation of the United States Constitution. This rule was made as a deterrent to law enforcement to prevent further unlawful searches and seizure from continuing to happen. The exclusionary rule was created for court purposes it is not an independent constitutional right. The exclusionary rule goes...
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...Law paper / Role and Functions Joshua P.W. Patterson LAW/421 May 4, 2015 Linda Gollub Law paper / Role and Functions This academic paper will be focusing on society, and the role business law has in contributing functions of an everyday business. A subject of interest will be the addressing the needs for rules and regulations that have been established as law for companies. In addition to grasping at understanding of business law and the need this paper will go over some benefactors the law affects and protects. The reason for law First there must be an understanding of the basis for a law. That reason would be to regulate reasonable conduct between people, businesses, and even countries. Laws give a foundation for handling any disputes as well as dealing with entities that violate the laws set in place. This thought brings us to our next part of a law, and that is the consequences that are determined by a society for violating a law. The consequences or put into place to promote a standard of conduct with consequences for misconduct. Functions Law is set in place for a desired effect for society and has certain functions to maintain. The most obvious reason would be to keep the peace between people, businesses, and countries to name a few. In understanding keeping the peace comes with a collective conscious and compromise within the society. Society has a government that enforces these laws that give them a power that also has to be kept in check while promoting...
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...Kaplan University PA 253 D. Weigel November 7, 2014 The practice of law is limited to those who have meet their state's requirements of education, moral character, and understanding of the law. They then become licensed to practice law, one who does not hold this license and practices law is committing UPL. UPL is the unauthorized practice of law anyone who practices law without a license may be held to their states disciplinary procedures. Injunction, criminal prosecution, citations for contempt of court and writs of quo warranto are some of the actions states take for those who commit UPL. Paralegals or legal assistants are “a distinguishable group of persons who assist attorneys in the delivery of legal services”. They are not licensed to practice law. In the scenarios , Polly Paralegal’s response is the only thing that can determine if she has committed UPL. If Polly Paralegal responds to Mr. Smiths question by stating “Yes, Mr. Smith in the state of North Carolina adultery has grounds for a divorce.”, then yes Polly is committing UPL. Polly would be using her knowledge in the legal field to answer Mr. Smith’s question. If on the other hand, Polly tells Mr. Smith that she is not able to give him an answer to his question, he should seek an attorney’s advice, then no, she is not committing UPL. Polly would not be giving any legal advice to Mr. Smith, therefore, there is no practice of law taking place. The same situation will apply to Polly with Mrs. Smith’s...
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... All advertising will be conducted through social media and word of mouth. Fido’s Bistro has a strong ethical code of conduct. This company will be based of strong ethics. Firstly honesty everyone working at Fido’s Bistro should be honest in actions and communications. The employees should maintain personal integrity. There should be a commitment to fairness. Everyone will be open minded and accepting of diversity, not only with staff but with customers also. Treating others with respect. While representing the company employees should be law abiding. Abide all laws, rules and regulations pertaining to Fido’s Bistro Company. Being accountable for your personal actions. All employees should follow the ethical code of conduct. The rules and principles this company uses in decision making are being committed to the business, motivating each other and communication. By applying these rules of code of conduct, this business should strive. Laws that are relevant to the business, as entrepreneur’s we need to make sure the originality of the company is not compromised and is not copyrighted. The behaviors need to cultivate the company, by making sure all employees and associates are...
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...Tax Policy Paper Due date: Monday, November 25th Groups: You may work in groups of up to 5 people. You may also work individually if you prefer, but I advise against this for two reasons. First, subjecting yourself to the perspective/critique of others helps you to refine your arguments by exposing you to relevant counterpoints. Though it may take a bit longer, I believe you will find that papers worked on as a group will be more complete, and often more succinct. Second, working in groups gives me fewer papers to grade (just kidding1). Assignment description: This group assignment is designed to help you better understand how the tax laws are set. Each group will write about a specific tax law provision. Assuming that the provision is about to expire, each group will write a paper that briefly summarizes the rules that pertain to their tax law provision, describes the history of how/why the tax law exists, and presents arguments for repeal or renewal of the tax law. Your grade will be based on the quality and clarity of your paper, and the persuasiveness of your arguments. You may choose any tax rule you like. I understand that sometimes this level of flexibility can actually feel restricting and make it difficult to begin the project. If you find that you are having trouble identifying a tax rule, please come talk to me, and we will try to figure out one that interests you. Length: I expect that these papers will be roughly 2-3 typed pages (spaced as you...
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...INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes must be read in conjunction with the question papers and the report on the examination. • CIE will not enter into discussions or correspondence in connection with these mark schemes. CIE is publishing the mark schemes for the May/June 2009 question papers for most IGCSE, GCE Advanced Level and Advanced Subsidiary Level syllabuses and some Ordinary Level syllabuses. www.xtremepapers.net www.studyguide.pk Page 2 Mark Scheme: Teachers’ version GCE A LEVEL – May/June 2009 Syllabus 9084 Paper 03 Assessment Objectives Candidates are expected to demonstrate: Knowledge and Understanding – recall, select, use and develop knowledge and understanding of legal principles and rules by means of example and citation Analysis, Evaluation and Application – analyse and evaluate legal materials, situations and issues and accurately apply appropriate principles and rules Communication and Presentation – use appropriate legal terminology to present...
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...Week Two: The Fourth Amendment and the Exclusionary Rule Sept 18 - 24 Details Due Points Objectives 2 2.1 Explore the common law background of the Fourth Amendment. 2.2 Analyze the rationale and purpose of the Exclusionary Rule. 2.3 Discuss exceptions to the Exclusionary Rule. 2.4 Examine alternative remedies to the Exclusionary Rule. 2.5 Identify the costs and benefits of the Exclusionary Rule. Readings Read the Week Two Read Me First. Read Ch. 2 & 3 of Criminal Procedure. Read Ch. 6 & 8 of The Search and Seizure Handbook. Read this week’s Electronic Reserve Readings. Participation Participate in class discussions. All week 2 Individual Discussion Questions Respond to weekly discussion questions. DQ 1: Thursday DQ 2: Sunday 3 Individual Exclusionary Rule Evaluation Write a 1,000 - 1,200-word paper in which you analyze the rationale and purpose of the Exclusionary Rule, as well as identify the exceptions to the Exclusionary Rule. In your analysis state examine the costs and benefits of the Exclusionary Rule, as well as alternative remedies to the rule. Be sure to state your position towards the exclusionary rule and provide support your position. Format your paper consistent with APA guidelines. The paper requires the use of 2 academic resources which can include course materials. Monday 10 Learning Team Fourth Amendment Summary Submit the...
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...Research Paper in CORPORATE LAWS - I AN ANALYSIS OF THE LEGAL REGIME OF COMPANY DEPOSITS Submitted By Sachin Malhan BLIG 757 Table of Contents TABLE OF CASES 3 INTRODUCTION 4 The Coming into Vogue of Company Deposits Thorns in the Side? A Cause for Control RESEARCH METHODOLOGY 6 WHAT CONSTITUTES A COMPANY DEPOSIT 7 What is a Deposit? Constitution of “Public” Loans and Deposits Debentures and Deposits Secured Deposits DEPOSITS EXEMPT FROM THE REGULATORY FRAMEWORK 11 Status of Unclaimed Deposits INVITATION OF DEPOSITS 13 INCORPORATION OF CREDIT-RATING IN DEPOSIT ADVERTISEMENTS CRISIL Ratings 15 FINALISATION OF MATTERS RELATING TO ACCEPTANCE OF DEPOSITS Limits on Amounts Invited for Acceptance 17 The FERA Factor Penalty for Accepting Deposits in Excess of Limits PAYMENT...
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...Role and Functions of Law Paper Sherry Donath Henninger LAW 421 November 5, 2012 Jerome Tatar Role and Functions of Law Paper In business and society, laws play a big part. Many business sectors have always complained about the restrictive nature of government regulations. It has been said that it impedes the profits of large and small businesses and a waste of time and effort. At some point, most businesses have worked their way around some of the requirements at least for a while. The definition of law is of rules that are governing the actions and behavior as recommended by a ruling authority that possess the legal requisite to enact these rules. The laws are made and are enforced to instill the acceptable normal quality in society. Although some laws may seem wrong to some people they are put there for the greater good of society. The different laws can be hard to understand, but if one does some research, one can find some strange laws in many communities. There have been rules and laws for as long as there has been civilization. The leaders of early tribes had to create rules that are based on acceptable behavior. As civilization evolved through the centuries and the rules had evolved into laws. In the U.S. regulations and laws are set upon businesses and society, which are set at local, state and federal levels and are categorized as Constitutional Law, Common Law, Administrative Law, and Statutory Law. These laws are designed to give an equal playing field for...
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...SHOULD THE POSTAL RULE BE DISCARDED? The “Postal Rule”, commonly known as the “Mailbox Rule” is a principle of contract law. This rule is different from the others, though, as it forms an exception to the general principles of the communication of acceptance. It originated in the English case of Adams v. Lindsell, in the year 1818. The postal rule in England states that a contractual offer, when sent by post, is considered accepted when it is sent-as opposed to when it is received by the receiving party. In India, though, the specifications of this rule are different. This rule has recently been at the heart of a lot of controversy, as it is believed that its applicability in today’s scenario is questionable and that the rule is archaic in nature. Writing this paper is of importance is because it is essential to understand whether such an exception is still applicable in a scenario wherein the technological advancements complicate our communication systems much more than the law-makers of those times would have deemed possible. Furthermore, this paper is written in the light of a comparative analysis between the contract laws of England and India. England, like India, is a common law country. Since India borrowed a large part of its systems from Britain, the foundations of legal functions in both the nations are very similar, making it is interesting to analyze how and why certain differences came up. In this essay, we first understand the basics of the rule in England, as opposed...
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...The Legal Process Elise Smith University of Detroit November 21, 2010 Introduction The legal process involving employment law has various branches depending on the type of employment, area, specialty, and class of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011). The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by Congress in 1972, “is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through the first steps of the U.S. Equal Employment Opportunity Commission up to...
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...Constitutional Policing CRJ201 June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” I believe that many cases have been brought to the United States Supreme Court define the constitutionality of the 4th amendment. I strongly believe that this is a fundamental for all law enforcement officers, and officers of the court to follow and strictly adhere to while they are excluding the duties of there occupation. In the case of Weeks vs. United States, police officers entered the home of Freemont Weeks and seized lottery papers which were used for his conviction in court. This seizure of papers was done without a lawful search warrant and done so in violation of the 4th amendment which was the main issue of this case. The evidence seized was used against Mr. Weeks in court and ultimately Mr. Weeks was convicted and sentenced to time in prison. There were several laws that the courts used in determining the outcome of this petition including Boyd vs. United States. “As was there shown, it took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument...
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...------------------------------------------------- Top of Form 1. Which of the following statements is true about the doctrine of unconscionability? | | It is an equitable remedy. | | | It is at law for contract damages. | | | It allows a judge to invalidate either a provision in a contract or the whole contract. | | | A and c | Question 2 The power of the federal government to control and punish monopolies derives from which of the following? | | The Commerce Clause | | | The Separation of Powers Doctrine | | | The Monroe Doctrine | | | The ruling in Marbury v Madison | Question 3 Paul, who is not a licensed electrician, did all the wiring for an extensive renovation Manny had done to his home. Manny refuses to pay the full contract price, claiming the work was not done properly. It is illegal in their state to do electrical work for compensation without a license. Is Manny liable to Paul for his services? | | No, The contract is illegal, and Manny need not pay for the services. | | | Yes, to prevent unjust enrichment Manny is liable for the market value of the services. | | | Yes, although the contract is illegal, Paul can recover under promissory estoppel. | | | Yes, Paul can enforce the contract, but Manny is entitled to compensatory damages for any inferior work. | Question 4 Parole evidence is evidence based on _______. | | oral statements | | | usage of the trade | | | provisions...
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...Exclusionary Rule Paper CJA/364 July 10, 2013 Bretton Barber Exclusionary Rule Paper The exclusionary rule as it applies to the field of criminal justice is one that was put in place with the Fourth Amendment, that states all citizens are protected from illegal search and seizure. The exclusionary rule basically adds that evidence that is obtained illegally is not permissible in court. There are many views in favor as well as opposition of the exclusionary rule, because of the purpose and exceptions. The purpose of the exclusionary rule is to accompany the fourth amendment, reinforcing the rights of citizens to be protected from illegal search and seizure by law enforcement. Without the exclusionary rule being enforced by the court system the fourth amendment would stand as a mere suggestion, allowing law enforcement to possibly use evidence obtained illegally to be used against the accused person. This rule serves mainly as a deterrent to police officers from misconduct. There are several exceptions to the exclusionary rule, which always makes for controversy. One of the exceptions to the exclusionary rule is that if it can be proven that the evidence obtained illegally would have been discovered eventually, it can be permitted. Another exception is that the defendant cannot take advantage of the police breaking the rules of the fourth amendment to obtain evidence to their advantage, to avoid any other evidence that may be used against them. The reason these exceptions...
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