...To: Dr. DDT MEMORANDUM From: Dena Zapata Date: July 15, 2013 Re: Tammy Jones Case Tammy Jones is a 19 year old resident of Tillman County but appears to be at least 21. Tammy owns and uses a fake Oklahoma driver’s license which lists her age as 21. On the night of August 5, 2001, Tammy goes to a local tavern named Cooter’s Brew, a sole proprietorship located in Kiowa County. At Cooter’s Brew, Tammy is ready and willing to present her fake license to the bartender but he never asked for her identification because Tammy appeared to be old enough to consume alcohol, and having young, attractive females in the bar is good for business. The bartender is not the owner of the tavern, but the bartender has been trained by the owner to request identification from all patrons. Tammy orders and drinks numerous alcoholic beverages. When the bar closes, Tammy gets into her car to drive home even though she is beyond the legal limit of intoxication. Tammy’s friend, Lisa Lu, asks for a ride and Tammy happily obliges. Lisa is sober and knows that Tammy is intoxicated. After leaving the bar, Tammy and Lisa proceed northbound on Main Street toward Lisa’s house, where they have both decided to stay for the evening. Tammy is driving and she is traveling at a rate of 55 miles per hour. The speed limit on the streets in town is 35 miles per hour. At the same time, Sam Smith is traveling westbound in his pick-up truck on Broadway Avenue, a street that intersects Main Street. Sam...
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...a safe place of work, safe equipment and a safe system of work. -Metropolitan Parks v Percival The respondent lost both legs following a fall from a flat-bed truck on which he worked. During the course of the afternoon, there was an interlude for refreshments. The respondent admitted to having had either three or four drinks of alcohol. The medical report indicated that the respondent was indeed intoxicated as a result. On his way home, the respondent fell from the back of the truck and his legs were unfortunately crushed. The major point in this case was whether MPM had provided a safe work system. The court held that, the failure of duty to provide a safe system was not the effective cause of the accident. It was the respondent’s intoxication that was the effective cause of the accident. A safe system of work had been provided. The system had been ignored by the employees including the respondent. The circumstances of each case have to be considered in determining what is a safe system of work, as the requirements depend entirely on what exits at the workplace and on the level of danger that a situation poses. As such, no fault was found with the treatment of evidence nor with the finding that MPM had not provided a safe system. -Wilsons and Clyde Coal v English Mr. English, a miner was employed at Wilsons and Clyde Coal Ltd. He was injured on work when he was crushed by a haulage plant. His family claimed damages. The company claimed that Mr. English’s own negligence led...
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...Name of Case: Skilling v. United States Page: 133 Court/Year: U.S. Supreme Court 2010 Facts: The government accused Skilling and other in a wide-ranging scheme to deceive the investing public. Skilling was indicted with more than 25 counts of securities fraud. The government felt that Skilling benefited “profited from the fraudulent scheme” at the time of trial. According to 1346, Skilling did not commit honest-services fraud. Federal district court jury found Skilling guilty of 19 counts including the honest-services-fraud charge and sentenced him to 292 months in prison and ordered him to pay $45 million. U.S. Court of Appeals affirmed the conviction. The Supreme Court granted Skilling’s request that it hears the case. Final verdict: Fifth Circuit’s ruling upholding conspiracy conviction vacated; case remanded for further proceedings. Name of Case: Arthur Andersen LLP v. United States Page: 137 Court/Year: U.S. Supreme Court 2005 Facts: Andersen audited Enron’s publicly filed financial statements and provided internal audit and consulting services to the corporation. Andersen team had allowed Enron to engage in “off-balance-sheet” for accounting purposes so that it reflected positive returns, which is a violation under GAAP. Later, an Andersen partner began to destroy documents when he was instructed not to because it was against the policy. Andersen was indicted for intentionally persuading its employees to destroy documents. They violated Title 18 of the United...
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...Issue- Did an offer exists, which the plaintiff accepted? Rule of Law- Invitation to treat. An invitation to treat is not an offer in itself but is an invitation to others to make an offer. Discussion- according to the case, Tom placed an advertisement in the Motor Sports Magazine. Advertising to the public at large. The advertisement stated that the car was for sale, not that the seller would sell to all comers. Chris however saw the offer and was interested in taking the offer stated. However, in an invitation to treat it is also starting point of any negotiations. Chris was aware of the invitation and tried negotiating. In other cases such as “Partridge vs. Crittenden (1968)”, where the appellant inserted and advertisement in a periodical “Bramble finch cocks and hens, 25s each”. Also “Gibson vs. Manchester City Council (1979)”. Issue- If “A” makes an offer and “B” makes a counteroffer, does the original offer remains open? Rule of Law- When studied more indepth; a counter offer was also present. A counter offer is said to be an offer made in response to a previous offer by the other party during negotiations for the final contract. Discussion- The case clearly shows that Tom was offering to sell a Triumph TR6 for $10,000. Chris in reply offered $8000 which the defendant refused and stated that cheque was preferred for advertised amount. The plaintiff then sought to accept the original offer of $10,000. However there was no contract. Where there is...
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...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with the...
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...a coffee machine on credit. It has been used for a month and find major quality problems. Sam plays a role of a guarantor for Stacey. Rules &Application The situation requires the application of SGA implied conditions and the Consumer Guarantees under the ACL. Under SGA: To form a contract, there are three elements need to be satisfied: goods, money consideration and transfer of property (s6 SGA). In this case, it is obvious that a sale of goods contract has been formed because it meet all the requirements of s6 SGA. Firstly, the coffee machine is a physical item of property and constitutes goods. Then, Stacey paid money for acquiring it, and it constitutes money consideration. At last, Stacey has acquired the ownership of the coffee machine. Under ACL: To be a consumer, a person needs to satisfy either of two elements. One is the price of the goods or services does not exceed $40,000; or the goods or services are of a kind ordinarily acquired for personal, domestic, or household use.(Section 4B of the Competition and Consumer Act 2010) In this case, Stacey is expected to pay $100 per month over three years and the total price is $3,600 which is less than $40,000. Therefore, Stacey should be regarded as a consumer. Here, several SGA implied conditions and Consumer Guarantees under the ACL have been breached. First, the coffee machine is not of merchantable quality under s19(3) of the SGA (David Jones v Willis ) and not of acceptable quality under s54 ACL. Providing...
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...Business Law 7/13/2014 Week 1 Professor McGovern Common Law is The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution. The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals. Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments. Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies. Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law. Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same. A court's decision is binding authority for similar cases decided by the same court or by lower courts within the same jurisdiction. The decision is not binding on courts of higher rank within that jurisdiction or in...
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...Common Law, Statutory Law and Administrative Law Common Law Judge-Made Law: Sum total of all cases decided by appellate courts. 200 yrs ago almost all laws were common laws. Today most laws are statutory. Disadvantages: Each state has a body of law different from other states (problems for businesses) Stare Decisis Stare Decisis is the essence of common law. It means “Let the decision stand”. Law by precedent (by state). So there should be a precedent in that. Disadvantages: This is not easy. How to balance between predictability and flexibility? Because common law is trying to accommodate both above goals. The more flexibility, the less predictability. Bystander cases Bystander cases - where common law says no duty to assist someone in peril unless you created the danger. But common law changes slightly over time. For example bystander law changed in cases where bystander is an employer or a doctor or even a public place where one can make phone calls. Statutory Law Most new law is statutory law. It affects each of us in business, professional and personal lives. This is more a people-made law or a law made as a result of people electing local legislators who pass state statutes; people vote for senators and representatives who create federal statutes. Example: Criminal Law. Bills Bill is a proposed statute (proposed either by House of Representatives or the Senate). A bill must be voted on passed by both houses. Once both houses pass the bill they send it to the...
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...Introduction to Law and Legal Reasoning Answers to Questions in the Reviewing Feature AT THE END OF THE CHAPTER 1A. PARTIES The automobile manufacturers are the plaintiffs, and the state of California is the defendant. 2A. Remedy The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions. 3A. Source of law This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law. 4A. Finding the law Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these sources to find the relevant state and federal statutes. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter UNDER THE DOCTRINE OF STARE DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED UNDER COMPELLING REASONS. EVEN THOUGH MORE COMMON LAW IS BEING TURNED INTO STATUTORY LAW, THE DOCTRINE...
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...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with the...
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...Pearson v. Custom Cleaners Legal Case Analysis AMBA 610 9043 University of Maryland University College Introduction Frivolous lawsuits can be a determent to those who are really seeking justice through the court system. Lawsuits that are frivolous in nature are filed in the court systems that lack legal merit (Frivolous Lawsuit Law & Legal Definition, 2015). Plaintiffs and attorneys who decide to partake in meaningless claims against other parties can anger society by wasting tax payer’s money on cases that are filed and argued with loop holes in litigation (Frivolous Lawsuit Law & Legal Definition, 2015). Evaluating the product and service liability laws will give insight into the two cases that will be discussed in this paper. The two cases covers how product liability effects the consumer and company owners of each industry of businesses. Cases that are brought to courts for product liability is always initiated by the plaintiff who has to prove if the defendant is liable for alleged action claims (Jones, 2015). Two cases that have made an impact on the pursuit of filing frivolous lawsuits is the Liebeck v. McDonald’s and Pearson v. Custom Cleaners case, which will be discussed in further detail throughout this paper. If cases set precedence’s in the court systems, then these two cases show how people can obtain or attempt to collect monies from others that lacks in importance to bringing legal justice per society standards. Case 1: Liebeck v. McDonald's ...
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...Certainty in the law is a concept for which the Administration of Justice strives. Judicial precedent promotes certainty in case law while Statutory Interpretation promotes certainty in legislation. Discuss these statements with reference to the principles and rules of Judicial Precedent and Statutory Interpretation. Illustrate your answer by reference to cases. Individuals have different perceptions, and businesses operate in a market-based system, where production is fuelled by profit maximization. Conflict will inevitably arise. Law helps societies maintain social order, which enables individuals to interact, and provides a framework within which businesses operate (Kelly, Holmes and Hayward). The law impacts different aspects of our lives. There are rules to govern property, health, and a range of human activities. Vernon Rich describes laws as “written expressions of the enactment or decree of legitimate governmental authority, which formally define standards of behaviour and provide for punishment by the government for those who disobey” (63). Since the consequences of disobeying laws can be severe, judges and legislators strive for certainty in case law and legislation, to ensure the most just ruling. Although critics argue that judicial precedent and statutory interpretation have limitations, they undoubtedly promote certainty in case law and legislation. Case law, or common law, is law enacted by judges based on decisions made in the cases they adjudicate...
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...Name Course Title Date The case involves Ms. Cluster and her neighbors who live in the next to her. Ms. Cluster secretly takes the photo of her friends without permission using the wrist watch camera. In the pictures, they show the neighbor relaxing and reveal a pet that is playing. She goes ahead to use the photos in her book known as the ‘My Neighbor'. On seeing this, Ms. Cluster’s neighbor sues her to the court of law for invading her private life without permission. She claims that the aim of Ms. Cluster was to invade her secret life by the photo exhibition in her book ‘My Neighbor'. Ms. Cluster claims that the photos had no justified expectation of privacy under any circumstances. She claims that the photograph did not show any intimate moments in the lives of the resident. With the case presented the judge gives the jurisdiction of the case. The modern technology has come with a lot of inventions. The wrist watch camera or the spy cameras are one of the most improved and current technology. The wrist watch camera is a fashionable watch and a surveillance device with durable materials. Its stylish design enables it to be worn in any situation. They are undetectable mini pinhole cameras that allow the device to shoot videos and cameras. The surveillance wrist watch camera is mostly used in crime investigation and business negotiation. In our case, Ms. Cluster used the device to her neighbor and captured some photos privately...
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... Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable what might otherwise seem to be an endless and unfathomable sea of information. There are, of course, an unlimited number of formats that can be utilized. However, it is best to find one that suits your needs and stick to it. Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is “brief”; ideally the case brief should be about one page in length and never over two pages. Nevertheless, it is important that a brief contain the following: TITLE AND VENUE: Identify the case name and citation in the correct format. RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement. Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only...
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...judgment ( http://www.lectlaw.com/def2). A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment (http://www.lectlaw.com). In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is actually the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion ( http://www.lectlaw.com). En banc, in banc, in banco or in bank is a French term (meaning "on a bench") used to refer to the hearing of a legal case where all judges of a court will hear the case (an entire "bench"), rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance. Appellate courts in the United States sometimes grant rehearing en banc to reconsider a decision of a panel of...
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