...Contract Law Name: Institution: Question 2 In instigating a legal redress against the company, Patrick would argue that the company owed him a legal duty to care a reasonable man would consider under the circumstances (Schwartz, Alan, and Robert 542). Patrick would argue that by the company failing to exercise this reasonable duty to care, he suffered actual damages (Schwartz, Alan, and Robert 546). Patrick can sue the company for negligent and claim for damages upon approving that the company had a duty to him and to the general public to care, and that had they cared enough, the placard could have been fixed well and the accident would have not occurred (Scott and Robert 1645). The court, in making their judgment would consider whether the damages Patrick suffered were reasonably foreseeable at the time of the alleged negligent act (Scott and Robert 1646). Patrick is more likely to win the negligent case. In case of the stolen car, Patrick had no agreement that is legally enforceable with the company permitting him to park the car at the company premises (Markovits and Daniel 1418). The company would urge that they, therefore, do not owe Patrick any duty to care for the lost property as they had forewarned him in the placard that any damage or loss of property in the company’s property would be his sole responsibility (Markovits and Daniel 1418). Question 3 Michael and Gordon enterers into an agreement that is legally enforceable (contract)...
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...------------------------------------------------- Clarence Williams ------------------------------------------------- EN102 Outline for argument analysis: Arrested Development I. ------------------------------------------------- Introduction: * ------------------------------------------------- James Forman Jr. targets this article towards conservatives who oppose racial profiling * ------------------------------------------------- Claim: Forman claims that racial profiling is an ineffective way to enforce the law and should be stopped. ------------------------------------------------- II. Summary: "Arrested Development" by James Forman Jr. , is an article that looks at the issue of racial profiling. III. ------------------------------------------------- James Forman Jr. is a Professor of Law at Yale Law School. He is a graduate of Brown University and Yale law school * ------------------------------------------------- Yale faculty biographies ------------------------------------------------- IV. ------------------------------------------------- Forman aims this article towards conservatives which is a good choice because conservatives are color blind meaning they see people as equal. ------------------------------------------------- -Quote ------------------------------------------------- V. ------------------------------------------------- Forman appeals to the reader’s emotions by telling stories about the students of Maya...
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...Brandeis was a United State Supreme Court Justice that fought against monopolies and big business and was a tireless advocate for free speech. Brandeis was best known for publishing his famous article in the Harvard Law Journal, for publishing his book about the banking industry, for upholding laws that protect the publics’ privacy and the freedom of expression and as the first Jewish Supreme Court Justice. Louis Brandeis was born in Kentucky on November 13, 1856 to Adolph Brandeis and Frederika Dembitz. His parents were Bohemian Jews that had a strong belief in culture and encouraged Brandeis’ education. Consequently, Brandeis graduated high school at the young age of 14. He first attended college in Kentucky but later transferred to Germany when his father had to relocate. He went on to study at Harvard Law School and graduated in 1875 as valedictorian at the age of 20. Brandeis started practicing law in St. Louis, Missouri and after a short time, he moved back to Boston to start a law firm with former Harvard classmate, Samuel Warren. The firm of “Warren and Brandeis” spent much of their time arguing against monopolies and large corporations and advocating for free speech. Together Brandeis and Warren published a famous article in The Harvard Law Review, “The Right to Privacy.” This article argued that private citizens should have the right to be left alone and the press should not be permitted to publish their photos or the details of their lives without their permission...
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...that the Appellee appeared on at least two occasions out of uniform and refused to performed job duties for a day, which included dispensing medication to patients. On a separate occasion, Appellee again refused to perform duties as relief medication aid. Finally, Appellee was noted to be unethical and time consuming in performing job duties. Appellant denied unemployment on grounds of misconduct due to Appellee’s repeated disregard for rules and job responsibilities. Issue. Whether the Appellant had just cause to deny unemployment benefits to Appellee upon termination of employment after one year for repeated misconduct under § 59-9-5(b), N.M.S.A. 1953. Rule. The term “Misconduct” is not defined in the Unemployment Compensation Law [§ 59-9-5(b), N.M.S.A. 1953]. In Boynton Cab Co. v Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941), the Wisconsin Supreme Court defined misconduct as limited to conduct evincing such wilful wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness of negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his...
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...The Case of the Speluncean Explorers 01/21/2007 03:58 PM « zurück © 1949 by Harvard Law Review Vol. 62, No. 4, February 1949 The Harvard Law Review Association Cambridge, Mass., U.S.A. THE CASE OF THE SPELUNCEAN EXPLORERS by LON L. FULLER IN THE S UPREME COURT OF NEWGARTH , 4300 The defendants, having been indicted for the crime of murder, were convicted and sentenced to be hanged by the Court of General Instances of the County of Stowfield. They bring a petition of error before this Court. The facts sufficiently appear in the opinion of the Chief Justice. TRUEPENNY, C. J. The four defendants are members of the Speluncean Society, an organization of amateurs interested in the exploration of caves. Early in May of 4299 they, in the company of Roger Whetmore, then also a member of the Society, penetrated into the interior of a limestone cavern of the type found in the Central Plateau of this Commonwealth. While they were in a position remote from the entrance to the cave, a landslide occurred. Heavy boulders fell in such a manner as to block completely the only known opening to the cave. When the men discovered their predicament they settled themselves near the obstructed entrance to wait until a rescue party should remove the detritus that prevented them from leaving their underground prison. On the failure of Whetmore and the defendants to return to their homes, the Secretary of the Society was notified by their families. It appears that the explorers had...
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...Shame is Worth a Try - Argument Dan M. Kahan Dan M. Kahan was born in 1963 and graduated from Middlebury College in 1986 and Harvard Law School in 1989, where he served as president of the Harvard Law Review. He clerked for Judge Harry Edwards of the U.S. Court of Appeals for the District of Columbia circuit in 1989–1990 and for Justice Thurgood Marshall of the U.S. Supreme Court in 1990–1991. After practicing law for two years in Washington, D.C., Kahan launched his teaching career, first at the University of Chicago Law School and later at Yale Law School, where since 2003 he has been the Elizabeth K. Dollard Professor of Law. His teaching and research interests include criminal law, risk perception, punishment, and evidence. Kahan, who has written widely in legal journals on current social issues including gun control, is coauthor, with Tracey Meares, of Urgent Times: Policing and Rights in Inner-City Communities (1999). From 2005 to 2006, he was deputy dean of Yale Law School. In the following essay, first published in the Boston Globe on August 5, 2001, Kahan argues in favor of the use of shame as a punishment that is “an effective, cheap, and humane alternative to imprisonment.” Shame Is Worth a Try Is shame an appropriate criminal punishment? Many courts and legislators around the country think so. Steal from your employer in Wisconsin and you might be ordered to wear a sandwich board proclaiming your offense. Drive drunk in Florida or Texas and you might be...
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...DISC 1312 11/09/2012 Logic and Consistency I would like to begin with a reminder of the purpose and importance of the job with which the people of this land have entrusted us. As justices of the Commonwealth, we are responsible for interpreting and applying the written law as accurately and fairly as possible. The citizens that have entrusted us with these positions expect us to have a comprehensive understanding of the complexities of law and how consistency and continuity of verdicts will be ensured over time. This being said, I believe that the case involving the unfortunate explorers is one of greater importance than most. The verdict we reach will decide if this court is truly one of fairness and law. The facts of the case are such: the four indicted men murdered one of their co-explorers, they did so knowing that there may be legal consequences, and they were not unstable enough to rule that they were acting completely out of a civil state of mind. While there were unique and extreme extenuating circumstances that undoubtedly had an effect on their decisions, we cannot allow emotional reaction and sympathy to cloud our legal judgment. Based on the facts and my understanding of my role as a justice of this court, the only decision we should reach would be to charge the men with murder. I believe that we must first establish that, considering the extreme circumstances of entrapment and isolation that the four men were subject to, it would be logical to assume that they...
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...The Basic Structure of the California Courts The Basic Structure of the California Courts In the United States there are two separate judicial systems, the state and federal. According to USCourts.gov, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between two or more states, California state court deals with criminal, contractual, and family related cases. California’s courts are an independent branch of the California government. The California State Court enforces laws, resolves disputes, and protects individual rights. The court system is also responsible for interpreting laws passed by our legislative and executive branches. Some laws are entirely made by the courts, known as common law, and evolve on a case-by-case basis. To help the courts determine the outcome of any case they have many resources available to them: the constitution (both U.S. and California), statutes, regulations, and prior decisions made by them or higher courts (precedent). Similar to the federal government, the California state government is divided into three separate branches; the legislative, executive, and judicial branches. The legislative branch is the one that enacts the laws; the executive branch is in control of seeing the laws are carried out; and finally the...
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...Court system of California is the largest systems about 12% of the U.S population are served. Major cases California courts starts in trail courts which are present in each and every 58 counties of California State. These courts hear criminal, civil, family, juvenile, probate, mental health and traffic cases. Before courts of appeal Supreme Court review most of the cases. Supreme Court is the highest Court in the California and reviews decisions of the court of appeal in order to solve the conflicts and settle the law questions. California Supreme Court has one Chief Justice and six Associate Justices. It has 7907 fillings and about eighty five written opinions. Each Justice is appointed by Governor. The decision of Supreme Court provides guidance for the lower courts which shows effects on the residents of California. Supreme Court has decisions to decide which decisions can be review but is definitely want to review all the cases where death penalty is imposed. Supreme Court can also review the decisions of state Bar of California regarding the suspension of judges for misconduct. All the decisions of Supreme Court are in the form of written and available for public. They are made accessible through websites and official reports. Supreme Court functions for the development of law which are applied by trial and appellate courts. Supreme Courts reviews cases which will enable it to settle legal questions and to see that the law is uniformly applied throughout the state. Normally...
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...The Three Strike Law The policy that I have chosen to discuss is the three strike law. The three strike law was created to handle problems that occurred with habitual offenders. Commonly known in the 1990’s era the three strike law increased prisons sentences of habitual offenders. The three strike law is a statue that allows the courts to impose harsh sentences such as life sentences to individuals who are convicted of three or more major criminal offenses. Habitual criminals automatically qualify for the three strike law because of the number of felonies they have committed. What makes this very interesting is the fact that mandatory life sentence that occur because of the three strike rule are not overruled by other judges. The three strike law is enacted throughout the United States to address repeat criminal offenders. Habitual criminals are more than likely sentenced to prison for life. One of the major reasons that habitual criminal are treated this way is because they pose a serious threat to the environment and society. Although it seems as if habitual criminals are treated harshly, they can petition for a review of his or her case with the Supreme Judicial Court. Crimes that are on the felony level qualify as serious offenses or violent crimes that could receive life sentences. The following are crimes that qualify as violent and serious crime: Murder, rape, robbery of residence that involve deadly weapons, and assault with intent to commit murder are all considered...
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...Article Rebuttal Unraveling the “Three Strikes law and making it unconstitutional is the primary focus of the Criminal Defense Clinic at Stanford Law School. Its founder Michael Romano States in his article “Striking Back: Using Death Penalty Cases to Fight Disproportionate Sentences Imposed Under California’s Three Strike Law” (2010), his clinic believes the “Three Strikes Law” is unconstitutional and unfair punishment. Our argument we will make the case stating he is using fallacies to strengthen his argument. In California there are no class systems for felonies. Whether or not the felony is violent or not violent, California imposes a harsh sentence. We will give an overview of what “The Three Strikes” law are, the “Death Penalty” and our rebuttal. California's Three Strikes Law "is a sentencing scheme that adds significant time to the prison sentences of certain repeat offenders convicted of serious or violent felonies." California Criminal Defense Lawyers,(2013). This law "three strikes law" also known as the Three Strike Law, was enacted in California in the 1990s to allow harsher punishments for those that committed felonies more than once and to provide for relief of the crimes themselves. A felony is defined "as a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor" The Felony Law & Legal Definition (2013). Although a violent felony is defined as "a crime consisting of conduct that presents a serious risk of potential...
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...variety of laws. The following will review on how the State of California came and how the system relates to the people today. Although both branches are equally as important, this paper is going to outline the basic structure of California’s court system. The following will explain the jurisdiction (authority to hear cases) of these various trial courts, and specifically explain in what trial court(s) in the state you would file specific types of claims. Additionally, I will explain the structure of the appellate courts in California, naming each level of the appeals court. HISTORICAL DEVELOPMENT OF STATE COURTS A State court will differ from all 50 states. If one were to look at the capitols of each state, there of course is a state court in each one. All were made at different times, therefore making each state different from one another. At the start of the 13 colonies, the head of the state was not voted on (as voting was not created yet), but merely decided upon by the king. However, the three key branches of the court system were not decided yet since the governor had control and power. As centuries have changed, so did those who practiced law. Those who studied law became more abundant, and the old way of the courts were starting to be taken over by a more contemporary court system. Each state that entered the Constitution or American Colonies, started to form their own set of rules and governing, which is when the State Court system was made. CALIFORNIA COURTS ...
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...Environment Answers to Learning Objectives/ For Review Questions at the Beginning and THE END OF THE CHAPTER NOTE THAT YOUR STUDENTS CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and serves as a legal precedent—a decision...
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...In 1999, California began the process of mandating minimum nurse to patient ratios. It wasn’t until 2004 that the minimum staffing ratios were implemented. The law was established in an effort to improve patient care and retain nursing staff. Since implementation of this law, California has been able to report improved quality measures along with improved nurse retention rates (Dorning). California has documented improvement in patient outcomes and quality measures since the staffing law went into effect. Assuring a safe environment for patients assures full reimbursement to the organization for their services. California’s report showed significant improvement in the reduction of pressure ulcers, falls, and medication errors to hospitalized...
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...Attorneys for PlaintiffRANDY LAW | | SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO RANDY LAW, Plaintiff, v.PIPER REED, Defendant. | CASE NO. Lawyering Skills 1 Complaint Filed: August 31, 2012Trial Date: TBDDiscovery Cutoff: Motion Cutoff: | Plaintiff Randy Law, for his cause of action against Defendant Piper Reed complains and alleges as follows: PARTIES 1. Plaintiff Randy Law (“Plaintiff”) is a twenty-four year old student, at all times herein mentioned, is a third student at Thomas Jefferson School of Law (“TJSL”) and resides in the city of San Diego, county of San Diego, state of California. 2. Defendant Piper Reed, an individual, is a twenty-six years old student, and is and at all times herein mention is also a student at TJSL. 3. Defendant Thomas James was also present at the “Bar Review” at the Music House Bar. Thomas James is a first year student at TJSL, and shares a torts class with Misty Gold. 4. Misty Gold, also a first year law student at TJSL. Misty Gold shares a torts class with Thomas James. She resides in the city of San Diego, county of San Diego, and state of California. She was also present at the “Bar Review” hosted at the Music House Bar. 5. Melody Wright, a student at TJSL, year unknown, is roommates with Misty Gold. She is a witness to Misty Gold’s injury. 6. The student government of TJSL hosted a “Bar Review” event for TJSL students at the House Music Bar, located in downtown San Diego on Friday,...
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