...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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..."Employment Law." Please respond to the following: * Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not. In the case of Garcetti v. Ceballos, the issue is, “whether job-related speech of public employees should have First Amendment protection” (AAUP, 2014). Richard Ceballos, an employee at the LA County district attorney’s office, suspected that a deputy sheriff included false statements in a search warrant affidavit. Ceballos informed his supervisors and the defense attorney involved in the case of his suspicions. Ceballos was demoted from his position and claimed the demotion occurred in retaliation for speaking out on a matter of public concern (AAUP, 2014). The lower court in this case dismissed the claim ruling that the First Amendment did not protect Ceballos’s speech because it occurred in a memorandum to his supervisors as part of his job. An appeals court overturned that ruling and found that Ceballos’ speech was protected by the First Amendment (AAUP, 2014). The Supreme Court reversed the appeals courts decision and concluded that “government employers have substantial leeway to instruct their employees about the appropriateness of public comments pursuant to official duties and to discipline employees who do not adhere to the instructions” (Szypszak, 2011). I believe in this particular case, the Pickering Balancing Test does apply because according to Justice...
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...Management 200 Dawson Study Guide-After Midterm Spring 2014 Extensive List of Concepts: starting Week 7 of the quarter -Civil Law and Litigation What types of evidence is there? What are the rules of evidence? What are the requirements for evidence to be admissible in court? Explain how evidence can be excluded (exclusionary rules) What are the types of privileged evidence? -Torts What is a tort? Name the different types of torts What happened in the McDonalds story discussed in class? Explain Intentional Torts: Battery, Assault, Mental Distress Explain what elements are required for a tort to be negligent What is professional negligence? What are defenses to negligence? Compare and contrast Contributory Negligence and Comparative Negligence What is strict liability? What is products liability? -Contracts What is a contract? What are the types of contracts? Details about executory, enforceable, void, express, implied, and voidable What are requirements of contracts? What happens when a contract is breached? -Real Property What things are considered real property? What is an interest in real estate? Details about fee simple absolute, leasehold, life estate, joint tenants, subsurface interests, above surface interests, easement, and restrictive covenants What is a deed? Details about Statutory Warranty and Quit Claim What is title insurance? What are the types of title insurance? Know the process for buying a house, with a lender, with a contract ...
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...Lonestar College CRIJ1310 Fall 2014 Exam 1 Name________________________________________________________________ 1. An example of a non-criminal wrong is a ___. a. tort b. crime c. violation d. penal act 2. When a ___ occurs, the State brings the action against a defendant. a. tort b. crime c. violation d. penal act 3. ___ crimes are acts that are inherently wrong or evil. a. mala in se b. mala prohibita c. felonies d. misdemeanors 4. ___ crimes are offenses that are criminal only because there is a statute or ordinance that says it is. a. mala in se b. mala prohibita c. felonies d. misdemeanors 5. ___ are crimes punishable by death or confinement for a specific period of time or more (usually one year) and fine. a. mala in se b. mala prohibita c. felonies d. misdemeanors 6. ___ are crimes that are punishable by a fine and or confinement in local jail (generally up to one year). a. mala in se b. mala prohibita c. felonies d. misdemeanors 7. Sources f criminal law include all but, ___. a. codes b. common law c. city ordinances d. public opinion 8. ___ is defined as inflicting pain or other unpleasant consequence on another person a. punishment b. incarceration c. retribution d. deterrence 9. Criminal Punishment criteria includes all but, ___. a. inflicting pain or other unpleasant consequence b. prescribing a punishment in the same law defining the crime c. intentional administration ...
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...a week • Secretary Prudence was prescribed by doctor heavy doses of tranquilizers To plan a protest or not to plan a protest that is the question! It all happened when the Members of Students for Fair Tuition (SFT) decided to have a protest at Gigantic State University (GSU). It is possible some laws were violated, in this case. Protesting are usually planned and not held inside of a building. Knowing your rights as a protestor would be a good thing to know before planning a protest! Some universities have a Free Speech Zone, and there is some restrictions on the time and place of the speeches given. Some universities have policies in place to limit the amount of interferences with classes and university business. (Center for campus free speech. (n.d.). Retrieved from http://www.campusspeech.org/page/cfs/speech-zones) I don’t think there was a crime committed, in this case, due to the fact, there was no one physically injured. However, intentional torts such as assault and battery could be, in this case. Assault is when a threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm (Cheeseman, 2013,...
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...relevant updates. Course description: The Course is aimed at introducing the students to the basic principles of law applicable to the business world emphasizing ethics, the judicial system, contracts, sales, property, agency and business organizations. Goals and Objectives: The goal of the course is to provide the basic knowledge and understanding of legal theories and practical applications of rules/laws as they pertain to the decision-making aspects of administration and professional conduct in business. As a result, upon completion of this course, the student will be able to: 1. Understand the value of legal counsel; 2. Understand the origins of various legal systems; 3. Differentiate among criminal and tort liabilities for businesses; 4. Understand the formation of contracts, the nature and classes of contracts, their assignment and termination, as well as the completion functions of the Uniform Commercial Code and the CISG; 5. Understand and apply the terms and conditions of sales and lease agreements; 6. Have a working knowledge of the legal status of different business entities; 7. Understand...
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...a negative image. Defamation is the publication of a statement which refers on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. [1] The tort of defamation protects a person’s interest in his reputation. If the defendant had made an untrue statement, or what amounts to a statement, which is defamatory of the plaintiff, the plaintiff has a right of action against him unless the defendant can establish one of the special defenses available to an action for defamation. Since the tort of defamation protects the plaintiff’s reputation, and since reputation depends on what other people think of the plaintiff, the publication of the statement by the defendant to persons other than the plaintiff himself is an essential part of the tort –the purpose of the tort is not to protect the injured the feelings of the plaintiff. The tort goes beyond protecting their mere personal reputation of the plaintiff and extends to the protection of the reputation of his commercial and business undertakings. The rules of the tort represent an attempt to strike a balance between two important and often competing interests, the public interest in freedom of speech and the private interest in marinating one’s reputation. The difficulty of achieving this balance is perhaps indicated by the fact that, though liability for a defamatory statement is strict and substantial damages might be recovered from the...
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...no other source of transportation, then be extra careful when driving. Such as no texting, no speeding, no answering calls. 2. What the airbag company should do is get affiliated with well build car mechanics and have them change the airbag for them instead of the company doing it itself. So, when the company is informed about a deflated airbag they should immediately send an airbag to the closest mechanic next to the customer. There the mechanic changes the airbag and his fees will be paid by the company. “The Lawyer Who Became DuPont’s Worst Nightmare” 1. What is PFOA and how did DuPont use it? Is PFOA a danger to the environment? How? If PFOA was/is a danger to the environment, why didn’t DuPont stop using it? PFOA is short for perfluorooctanoic acid. DuPont started purchasing PFOA from 3M for use in the manufacturing of Teflon. 3M invented PFOA just four years earlier; it was used to keep coatings like Teflon from clumping during production. PFOA’s chemical structure made it uncannily resistant to degradation. It also bound to plasma proteins in the blood, traveling through each organ in the body. An internal safety limit for PFOA concentration in drinking water: one part per billion. The same year, DuPont found that water in one local district contained PFOA levels at three times that figure. Despite internal debate, it declined to make the information public. DuPont decided...
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...Grade: A University of London LLB, 2nd year Tort Law Question Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC), the local education authority, which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions. Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd (CS) under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees. However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred. The fire caused damage to neighbouring property including a baker's shop owned by Mark. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits. It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly. The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester. The crew got lost on the way because they put the wrong address in the sat-nav (satellite navigation)...
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...Chapter 1 Introduction to Law and 1. The stability and predictability created by the law is essential to business activities. ANSWER: t PAGE: 2 type: = 2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T PAGE: 2 TYPE: = 3. The natural law philosopher believes that formal law is inferior to universal moral and ethical principles that are part of human nature. ANSWER: T PAGE: 3 TYPE: = 4. Constitutional law includes only the U.S. Constitution. ANSWER: F PAGE: 6 TYPE: = 5. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: T PAGE: 6 TYPE: = 6. To determine whether a law is constitutional, a court will only look at the law’s source. ANSWER: F PAGE: 6 TYPE: = 7. Uniform laws apply in all states, including those in which the laws have not been adopted. ANSWER: F PAGE: 6 type: N 8. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 6 type: N 9. Statutory law does not include county ordinances. ANSWER: F PAGE: 6 TYPE: = 10. Every state has adopted the Uniform Commercial Code in its entirety. ANSWER: F PAGE: 7 TYPE: N 11. Common law is a term for law that is common throughout the world. ANSWER: F PAGE: 8 TYPE: = 12. Damages is the normal remedy at law today. ANSWER: T PAGE: 8 TYPE: = 13. Equitable remedies include injunctions and decrees of specific...
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...4 Negligence: duty of care Learning objectives At the end of this chapter you should be able to: • have an overview of the history of negligence; • describe the function of duty of care in negligence; • appreciate the way duty of care has been defined and developed; and • apply the principles of duty of care in the areas of omissions and liability of public bodies. 04-Bermin-Chap04.indd 42 2/6/2008 7:39:32 PM 4.1 Introduction Negligence began to be recognised as a tort in its own right around the beginning of the nineteenth century. Before that time, the dominating action for personal injury was the writ of trespass. Trespass was initially concerned only with direct acts, however, during the nineteenth century the focus shifted to the distinction between intentional wrongs (trespass) and the unintentional (negligence). As we have seen, negligence was originally described in terms of a duty imposed by law and thus it will be seen that duty is one of the three key elements of negligence today. Negligence evolved as a means of loss-shifting at a time when there was little or no insurance or state welfare provision. The industrial revolution in the nineteenth century brought with it increased risks of injury to those working in factories, mines, quarries, and other dangerous situations. The development of railway transportation and mass production dramatically increased the potential for many people to be affected by the faulty conduct of strangers, at the same time...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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...Week 1: Business Ethics and International Responsibility - Lecture | | Print This Page | Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies...
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...Week 1: Business Ethics and International Responsibility - Lecture Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question...
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...CONSENT-COMPARISON BETWEEN ENGLISH AND INDIAN LAW 1|Page Table of Contends Introduction………………………………………………………4 Coercion…………………………………………………………..5 Undue Influence………………………………………………….9 Fraud……………………………………………………………..16 Misrepresentation……………………………………………….24 Mistake…………………………………………………………...31 Conclusion……………………………………………………….35 Bibliography……………………………………………………..36 2|Page Introduction Consent can defined as the meeting up of two minds. It well defined principle in common as well as in Indian Law. Section 13 of the Indian Contract Act, 1872 clearly defines consent which says that: Two or more persons are said to consent when they agree upon the same thing in the same sense. For example a customer buys a food processor because the retailer has claimed that the product was made in France but actually the product was made in Taiwan or an instance where a patient signed a contract to pay large sum of money to a doctor for immediate surgery which was actually unnecessary. In all the cases the offer was accepted leading to formation of an agreement and even there was a meeting of minds. However the consent of the person has been manipulated. If it were not the misrepresentation or undue influence the person should not have signed the agreement. It would be unjust if the contract was not set aside. S.10 of the Indian Contract Act says that: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration...
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