...TRANSNATIONAL CRIME Note: Any views expressed are those of the author and are not attributable to any government or organization. I INTRODUCTION With advances in technology, and the ease of global travel, the world we live in has become, in many ways, as Canadian author Marshall McLuhan predicted "a global village". This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes from detection. Organizations which orchestrate...
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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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...origins of labour law can be traced back to the remote past and the most varied parts of the world. While European writers often attach importance to the guilds and apprenticeship systems of the medieval world, some Asian scholars have identified labour standards as far back as the Laws of Hammurabi and rules for labour-management relations in the Laws of Manu; Latin American authors point to the Laws of the Indies promulgated by Spain in the 17th century for its New World territories. None of these can be regarded as more than anticipations, with only limited influence on subsequent developments. Labour law as it is known today is essentially the child of successive industrial from the 18th century onward. It became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection against the abuses incidental to new forms of mining and manufacture on a rapidly increasing scale at precisely the time when the 18th-century Enlightenment, the French Revolution, and the political forces that they set in motion were creating the elements of the modern social conscience. It developed rather slowly, chiefly in the more industrialized countries of Western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century. The first landmark of modern labour law was the British Health and Morals of Apprentices Act of 1802, sponsored by the elder...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5]...
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...brutality as they act to restrain improper police behaviour, therefore advocating the use of body cameras (Maney). The use of body cameras serve to minimize the amount of complaints regarding officer misconduct and unnecessary use of force as all interactions with residents are recorded, and are captured for everybody else to see. Body cameras additionally provide indisputable hard evidence of the decisions made by police officers in intense situations. In fact, body cameras also protect police officers from false accusations of misconduct or abuse. Furthermore, they can help de-escalate confrontational situations between citizens as they will be aware that they are being recorded and can be convicted for any inappropriate actions. On the judicial side of the matter, body cameras may speed up court proceedings as they provide indisputable evidence that outweighs witness statements that may not be deemed credible. Accordingly, there is also a reduction in court expenses due to an increased rate of conviction or plea agreements. More generally, body cameras improve public relations by increasing transparency and accountability for an officers...
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...the faculty of reason, acting rationally governed by reason. The behavior can be called "reasonable" if the activities can be valued as fair, just, or equitable. The person must be honest, moderate, sane, sensible, and tolerable. "Reasonable" implies a certain standard of valuation. It is a standard for guiding conduct. Reasonable Person This phrase is a personification of the description of "reasonable". Thus, the "reasonable man or person" can be understood as a phrase used to denote a suppositional person who exercises those mentioned qualities which society demands as stated above. Applying the Reasonable Person Standard: The reasonable person does not always appear in the Process of evaluating human behavior. There are several judicial patterns demanding a judgment of reasonableness without expressly mentioning the reasonable man as a personification, such as: reasonable aids, care, diligence, doubt, compensation, (market) value, notice, skill, time, manner, opportunity, extent, efforts, and so on. "Reasonable care" means that degree of care which a Person of ordinary prudence would exercise in the same or similar circumstances. This isn't simply a reflection of how the average person behaves, but is how the typical person ought to behave in circumstances in which there is a potential or actual risk of harm to...
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...Chapter 11 - The Triumphs and Travails of Jeffersonian Republic I. Federalist and Republican Mudslingers 1. In the election of 1800, the Federalists had a host of enemies stemming from the Alien and Sedition Acts. 2. The Federalists had been most damaged by John Adams’ not declaring war against France. * They had raised a bunch of taxes and built a good navy, and then had not gotten any reason to justify such spending, making them seem fraudulent as they had also swelled the public debt. * John Adams became known as “the Father of the American Navy.” * Federalists also launched attacks on Jefferson, saying that he had robbed a widow and her children of a trust fund, fathered numerous children with his slaves (which turned out to be true), called him an atheist (he was a Deist), and used other inflammatory remarks. II. The Jeffersonian “Revolution of 1800” 1. Thomas Jefferson won the election of 1800 by a majority of 73 electoral votes to 65, and even though Adams got more popular votes, Jefferson got New York. But, even though Jefferson triumphed, in a technicality he and Aaron Burr tied for presidency. * The vote, according to the Constitution, would now go to the Federalist-dominated House of Representatives. * Hateful of Jefferson, many wanted to vote for Burr, and the vote was deadlocked for months until Alexander Hamilton and John Adams persuaded a few House members to change their votes, knowing that if ...
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...Lysine Scandal Levi Cushing Bus 670 Legal Environment Dr. Jason Lum January 19th, 2015 Archer Daniels Midland (ADM) was started in 1902 as a small linseed crushing business. As time moved forward ADM began acquiring other small agricultural companies. As more and more time move forward ADM began to branch into other parts of the agricultural business and added more and more products that they deal with. In 2015 ADM has grown to have several joint ventures and owning several other smaller agricultural, nutrition, and food related companies. ADM has also expanded globally and has more than two hundred and sixty five locations worldwide. As ADM has grown over the years different types of management has came and gone at ADM, but for a long time the owning families were the main people running the company full time. Over time ADM was caught doing small price fixing deals around the world. In the early 1990’s a large scale price fixing operation was unveiled by Mark Whitacre, who at the time was President of the bio-products division. Whitacre was an FBI informant for most of the early 1990’s, helping the FBI build a case against ADM’s top management at the time. The overall purpose of this paper is to identify the ethical and legality issues with price fixing related to ADM. ADM in relation to me is my main place of work and the price fixing issues still haunt the business today. ADM has started working on implementing stringent rules every year to help the company avoid...
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...BUS 475 Final Exam 2012 – Set 4 1) Which one of the following is a product cost? A. Indirect laborB. Sales person’s salariesC. Office salariesD. Advertising costs 2) Lucy starts her own psychiatric practice, but her expenditures to open the practice exceed her income. Lucy is a __________. A. borrower who demands money from the financial systemB. borrower who supplies money to the financial systemC. saver who supplies money to the financial systemD. saver who demands money from the financial system 3) Of the following companies, which one would not likely employ the specific identification method for inventory costing? A. Music store specializing in organ salesB. Antique shopC. Farm implement dealershipD. Hardware store 4) Which one of the following items is not generally used in preparing a statement of cash flows? A. Adjusted trial balance B. Comparative balance sheetsC. Additional informationD. Current income statement 5) The conceptual framework developed by the Financial Accounting Standards Board __________. A. was approved by a vote of all accountantsB. is viewed as providing a constitution for setting accounting standards for financial reporting C. are rules that all accountants must followD. is legally binding on all accountants 6) What is the preparation of reports for each level of responsibility in the company’s organization chart called? A. Static reportingB. Exception reportingC. Responsibility...
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...Summary Australian law is based on the culture of English law. The following characteristics derive from the English background of our law: * A system of representative democracy, using parliaments to make laws. See chapters 7 & 8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could...
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...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
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...INTRODUCTION India as is seen during present days has changed its conscience towards a new penal jurisprudence in abolishing the capital punishment. This is to counter the plenary provisions of Article 5 of International Covenant on Civil and Political Rights, 1966 and its protocol in 1989 where the State parties believed that abolition of death penalty should be in the scale of enhancement of human dignity and progressive development of human rights and recalling Article 3 of Universal Declaration of Human Rights adopted on 10th December, 1948 as well as Article 21 of our Constitution.1 It can be judicially said “I don’t punish you for killing the man but so that the other cannot be killed.” That is, the chief aim of capital punishment is to make deterrent to others for same crime . Now this concept is having a new direction. The Supreme Court and High Courts in India interpret the cases before giving the death sentence as rarest of rare cases. The Court moves its eye also for other aspects of society. The landmark cases where death sentences were awarded in India are Ranga Billa case2, Indira Gandhi and Rajiv Gandhi Assassination case, Laxman Nayak case 3 and the lastly, it was awarded to Dhananjoy Chatterjee on 14th August, 2004 in connection with Hetal Parikh case of West Bengal after the Supreme Court affirmed the death sentence awarded by lower courts and President also refused to grant him pardon. In the year 2003, Government...
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...THE DOCTRINE OF PIERCING THE CORPORATE VEIL: ITS LEGAL AND JUDICIAL RECOGNITION IN ETHIOPIA Endalew Lijalem Enyew ♣ Abstract: Upon acquisition of legal personality a company enjoys certain attributes such as limited liability. While the separate legal personality of a company enables it to enjoy rights and assume obligations quite different from its members, the limited liability of shareholders refers to the fact that the company alone is liable for its debts. However, such privilege of limited liability may not always exist when the legal personality of a company is abused and used for illegitimate or unlawful purposes and other reasons. This article examines some of the grounds by which the corporate veil can be pierced under Ethiopian law and the role of courts in recognizing the doctrine. Based on the analysis of the relevant legislative provisions and some court cases, it is found that Ethiopian company law, though not sufficient, provides some clear grounds of piercing the corporate veil and certain possible grounds which may call for the application of the doctrine. It is also argued that Ethiopian courts should apply the doctrine of piercing the corporate veil, through the purposive interpretation of the statutory provisions, if doing so produces equitable results and fairness. Key Words: Company, corporate veil, piercing the veil, Ethiopia DOI http://dx.doi.org/10.4314/mlr.v6i1.3 _____________ Introduction The separate legal personality of a company renders...
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...Claims – Dec 2005 Exam Section A – Multiple-Choice Questions 1. (A)(1-3) To gain an understanding of a company’s commitment to it’s clients, the mission statement is a good place to start. It underpins the philosophy the claims department will embrace for handling claims. It often focuses on the company’s core strengths, values, or culture, and could specifically articulate an approach towards handling claims. The promises made in brochures and other advertising material to promote the sale of policies should also correspond. 2. (D)(1-9) Methods used to evaluate claims handlers performance include: • reviewing all files closed by new loss adjusters to assess procedural and process issues as well as technical claims handling • a claims audit, internal or external, could assess various aspects of identified claims handling issues • policyholders could be surveyed to assess customer service issues 3. (B)(1-11) Specialists deal with one type of claim or one line of business. Loss adjusters who specialize in the more complex areas of claims handling tend to have a broad base of experience in which their work is grounded, because at the beginning of their careers they would have handled a wide variety of claims. 4. (A)(1-26) Timing issues may be artificial. Urgency can easily be confused with emotionalism. 5. (D)(2-6) When assigning claims to independent or staff adjusters, most insurers will organize their claims departments to include...
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...MANU/SC/0241/2007 Equivalent Citation: 2007(2)ALT1(SC), JT2007(2)SC1, (2007)3SCC184, [2007]1SCR317 IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 1 of 2006, Transferred Case Nos. 82 to 90 of 2006 and Writ Petition (C) No. 129 of 2006 Decided On: 10.01.2007 Appellants: Raja Ram Pal Vs. Respondent: The Hon'ble Speaker, Lok Sabha and Ors. Parameter of judicial review in relation to exercise of parliamentary provisions Hon'ble Judges/Coram: Y.K. Sabharwal, C.J., K.G. Balakrishnan, C.K. Thakker, R.V. Raveendran and D.K. Jain, JJ. Counsels: For Appellant/Petitioner/Plaintiff: Ram Jethmalani, P.N. Lekihi, T.R. Andhyarujina, Sr. Advs., Krishan Singh Chauhan, Indra Pratap Singh, Gyan Mitra, Chand Kiran, P.K. Jayakrishnan, K.C. Lamba, Sudha Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S. K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs., Gopal Subramanian, ASG., Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 15, Constitution of India (Forty-fourth Amendment)...
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