...LEGAL OPINIONS (FIRAC METHOD) REGARDING STATUTORY OFFENCES: DRUGS AND DRUG TRAFFICKING OFFENCES: FACTS: Johnny was caught in a police trap selling cannabis. ISSUE: Can Johnny be convicted of DEALING IN AN UNDESIRABLE DEPENDENCE PRODUCING SUBSTANCE? RULE OF LAW: According to section 5 of THE DRUGS AND DRUG TRAFFICKING ACT 140 OF 1992, READ WITH THE CRIMINALISATION CLAUSE (SECTION 13) AND THE PENALTY CLAUSE (SECTION 17), IT IS AN OFFENCE FOR ANY PERSON THAT DEALS IN (b) ANY DANGEROUS DEPENDENCE PRODUCING SUBSTANCE OR ANY UNDESIRABLE DEPENDENCE PRODUCING SUBSTANCE. S V ARIAS S V NAIDOO. APPLICATION: LEGALITY: Can be proven because- (a) There is a criminalisation clause (section 13); and (b) There is a penalty clause (section 17). Thus Johnny’s conduct constitutes an offence and is punishable by law. CONDUCT: Can be proven because- Johnny’s conduct by dealing in drugs is a contravention of section 5. UNLAWFULNESS: Can be proven because- (a) Johnny’s conduct of selling drugs is against the law, as it is an offence in terms of the Drugs and Drugs Trafficking Act, (b) Johnny cannot raise any common law or statutory ground of justification. FAULT: Can be proven because- (a) Johnny had the will to deal in drug; (b) While knowing or foreseeing that such dealing is prohibited by law. CONCLUSION: Johnny can be convicted of the DEALING IN AN UNDESIRABLE DEPENDENCE PRODUCING SUBSTANCE in terms of section 5(b) of the DRUGS AND...
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...Panera Bread Company has an exclusivity clause in their lease agreement with Shrewsbury shopping mall restricting them from leasing to another sandwich shop. Judge: Burrito not a sandwich, Sun Journal (Nov. 11, 2006), http://www.sunjournal.com/story/184707-3/NewEnglandNews/Judge_Burrito_not_a_sandwich. The Pita Pit is seeking to lease restaurant space in the Shrewsbury shopping mall. Id. Panera Bread Company is challenging the shopping center’s potential lease with The Pita Pit, claiming it violates the exclusivity clause in their lease. Id. In November 2006, Superior Court Judge Jeffrey Locke ruled in a similar case involving the same complainant, Panera Bread Company, in which the exclusivity clause did not specifically describe “a sandwich.” Id. The court held that the Mexican Grill restaurant seeking restaurant space did not violate the exclusivity clause due to the type of the food the Mexican Grill would serve. Id. Judge Locke noted in the Panera Bread Company case, Qdoba Mexican Grill did not violate the exclusivity clause because their food, mainly burritos, tacos, and quesadillas, was not sandwiches, and therefore, not a sandwich shop. Id. Judge Locke turned to the dictionary for a definition of sandwich which read “two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savory mixture) spread between them.” Bret Thorn, Burrito not a sandwich, judge rules in Panera-vs.-Qdoba tiff, Nation’s Restaurant News (Nov. 13, 2006),...
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...A legal dispute is a disagreement over the existence of a legal duty or right. Usually most legal disputes are resolved in a court of law. However, there are alternative methods of resolving legal disputes other than by a court. Such methods include Tribunals as well as Arbitration. There are different Tribunals which exist to resolve a variety of disputes. Generally, a tribunal is known to be any person or institution with the authority to judge, to pass that particular judgment, or to determine claims or disputes. For example the industrial tribunal sits to dertermine statutory employment law disputes such as wrongful dismissal, unfair dismissal and redundancy. However industrial tribunals serve to resolve many more disputes than these. These tribunals handle the majority of employment law disputes between employers and employees. Advantages | Disadvantages | Cheaper | Unfair imbalance between represented and unrepresented parties | Speedy, Informal and Flexible | The no-costs rule and lack of legal aid penalize poor litigants | Accessibility | May become complex over time | Freedom from technicality | May lack some of the perceived independence of the judiciary | Specialism | May result in ill founded claims | An Arbitration is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons, known as the arbitrators, arbiters or arbitral tribunal, by whose decision (the "award") they...
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...LEGAL AND CONSTITUTIONAL HISTORY ASSIGNMENT BY, THAMIZHPARITHI K 14BLA1049 LEGAL EDUCATION AFTER INDEPENDENCE After independence the legal education transformed a lot in India. Independence made vast difference and rapid expansion in law in India. The Supreme Court has replaced the judicial committee of the Privy Council as the highest court in India. The High Courts are increased and the judges are also increased frequently. Law made crucial and vital role in the democratic society so not only the lawyers, the law teachers and the judges are concern about the Law and also the people who residing in our country. Law serve as the rules which is to be followed then it makes the economic and social change to the democratic country. The rule of law will be strengthened in India by promoting legal education and research in law. The lawyers are the pillars for the reformation of the society. The Constitution of India is the written guidelines for the lawyers. The Fundamental rights are the written human rights for the people so after enacting the Constitution of India in 1950 the Constitutional litigation increased. The socio-economic scene has also become active; with the ushering in of five year plans, great expansion of industry and commerce has taken place and a host of socio-economic laws have been enacted. Law is now being largely used by the people for their improvement socio-economic conditions. The public interest litigation become increased...
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.....................................................................................1 Importance of separate legal entity..........................................................2 Lifting veil of corporation.........................................................................4 Conclusion..................................................................................................7 References..................................................................................................8 Introduction In Malaysia, the legislation governing the formation and operation of companies is the Companies Act 1965. Section 14(1) of the Companies Act 1965 states that company are incorporated under the law which begins with the two or more people association as they use their names to become the subscriber in memorandum and all requirement of the registration are complied. Hence, then the company is formed, then it’s called “incorporated”. After being issued with a certificate of incorporation, a company has a legal status separate from the members. In law, the company is treated as a person. Whatever happen in the company, the members of the company should not receive any impact as it was distinguished from company. Wrong done to the company may be vindicated by the company. The most important decision ever made by the English courts in relation to separate legal entity was adopted in the case of Salomon v Salomon[1897] and also accepted in Malaysian company law. In this...
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...Property Law Property Law Joe faces heavy legal penalties first for operating his demolition business illegally. Every business, whether the sole proprietorship, partnership or Limited Corporation must be registered with the registrar of businesses. A sole proprietorship is the simplest form of business, but also the corporate law requires it to be registered. Every state in America requires the owners of the sole proprietor to register the business under a certain name and obtain a trading license. The majority of businesses need to acquire a certain category of license depending on the nature of business established before they start operating. One is also required to acquire a federal license if the business activities involved require supervision from federal agencies. Not adhering to these rules attract heavy fines for the business and even imprisonment for flouting corporate laws governing the registration of businesses in America. Joe, therefore, overlooked all the above procedures of registering his business and went ahead to demolish private property without a business license authorizing him to engage in such transactions. The business also required a legal operating name before undertaking any transactions which are a prerequisite to obtaining any other government document (Missouri Bar Center 2008). Joe is also liable for trespassing on private property and demolishing it. Crimes against other people’s property fall under three main activities...
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...Small-Business Idea Vanessa Singleton ACC/561 May 20, 2013 Aaron Strenkoski Small-Business Idea Due to the government releasing funds to establish small businesses, my vision of owning a spa becomes a reality. Starting a new business is challenging, a potential business owner should develop a well thought out business plan to set their venture into action. As a business owner, I have to take into consideration which of the four forms of business organizations best suit my services. I must consider the legalities, taxes, and accounting implications associated with my type of business organization. This paper will explain the advantages and disadvantages of the four business forms, the legalities, taxes, and accounting principles associated with each form, and the type of business form that suits the services provided by my business. Sole Proprietorship Sole proprietorship is the most common and simplest form of business. It is a business of one, where the individual represents the business legally and fully (Zahorsky, 2013). Setting up a sole proprietorship does not require registration of the business however, if you are planning to use another name or business name to operate your company, state laws will require a trade name registration or filing of your company name. The advantages of a sole proprietorship include: • Quicker tax preparation - As a sole proprietor, filing taxes is easier than a corporation. Simply file an individual income tax return (IRS...
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...Study Unit Computer-Assisted Legal Research By Melynda Hill-Teter Reviewed By Brian Bastyr, Esq. About the Author Melynda Hill-Teter is a 1991 graduate of the Legal Assistantship Program at the University of California at Santa Barbara, an American Bar Association approved school. She has more than 20 years of experience in the legal field, and specializes in legal computer applications. Ms. Hill-Teter has received a Paralegal Certificate of Mastery in LexisNexis online research. She has published articles in Legal Assistant Today and Law Office Computing. Ms. Hill-Teter is employed as a litigation paralegal in Scottsdale, Arizona. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a juris doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. Screen shots in this study unit are reprinted with the permission of LEXISNEXIS, a division of Reed Elsevier Inc. Paralegals spend a good deal of their work lives conducting legal and factual research. Good research skills are very important for a successful paralegal career. Legal databases constantly change their legal content, as well as the way to search for that content. Paralegals therefore must keep their research skills up-to-date and stay on top of changes in the law as well as the newest ways...
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...1. Small Business Idea Paper 2. Introduction The Federal Government has allocated suitable funds for potential entrepreneurs and prospected business types who seek to further engage in economic acquisition or create a new element of capital in order to foster the current economy with a potential small business venture. I have chosen to acquire these much needed resources in order to create my small business and join the field of Security in Protective Services. My company is entitled RSJ Security Services, it is an up and coming business founded by Roberto Santiago Juarez, who is a skilled Security Officer, Post Commander, and Operations Manager of seventeen years within the Security Field located in Las Vegas, Nevada. The new company will provide jobs for the community and protect local business interest. With the social climate being in the state of frame that it is in, RSJ Security Services will become a positive element in the field of security. RSJ Security Services will focus primarily on clients and community interests, as well as employee needs. 3. RSJ Security Services will employee an experienced security staff, appealing to experienced security personnel, and present, and former military personnel, and implement based on client contracts using full time officers. RSJ Security Services will begin by having one employee, and that is the owner Roberto Santiago Juarez at the time of the launch of the company. With over seventeen years of experience...
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...Business activity can in practice end in two different ways. Bankruptcy can be brought up on itself controllably and voluntarily by an insolvent debtor, alternatively, it may be also forced to end on court orders issued on creditors’ request as a result of financial difficulties. Bankruptcy is a legal procedure for liquidating a business which cannot fully pay its debts out of its current assets. Two major objectives of a bankruptcy are first of all, fair settlement of the legal claims of the creditors through an equitable distribution of a debtor’s assets. The second objective is to provide the debtor and opportunity to a fresh start. Bankruptcy can be a very tough process that causes losses for all stakeholders. For example, is a society...
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...Legal Forms of Business Sole proprietorship The sole proprietorship is the oldest, most common, and simplest form of the business. Also known as a sole trader, is a type of business form that is owned and manage by one person and in which there is no legal difference between the owner and the business. The owner receives all profits and has full responsibility for all losses and debts. The proprietor owns every asset of the business and all the business liabilities are the proprietor’s. A sole proprietor may use a business name other than his or her legal name. The Advantages Mainly the reduced cost of a business, easier and cheaper to start and discontinue without high cost and legal expenses; and easier management, and the owner have exclusive control, a Sole proprietorship is extremely challenge that inspire the individual for more success in his life. A sole proprietorship is a good business organization for an individual starting a business that will remain small, does not have great exposure to liability, and does not justify the expenses of incorporating and ongoing corporate formalities. (Iowa Secretary of State, 2011) Partnership A partnership is the relationship existing between two or more persons who join to carry on a trade or business. Each person contributes money, property, labor or skill, and expects to share in the profits and losses of the business. (IRS.gov, Sept 2010). In another words, a partnership is an arrangement where two or more people...
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...Industrial Court is a non-departmental tribunal from the public body with legal powers. It was initially established in 1919 to provide settlement for industrial disputes and it still provide voluntary arbitration role. It also has a constitutional power about taking decisions between trade unions and employers or the management. The Industrial court is also known as the labour court. According to the Industrial Court Act in Mauritius the Industrial court is established by section 3 of the Industrial Court Act. The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission. The industrial law has some other powers that is any worker facing any difficulties at work can apply to the magistrate...
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...ANALYTICAL JURISPRUDENCE (LEGAL POSITIVISM) Synopsis: (i) Socio-economic and historical context on which it arose. (ii) Positivism in Philosophy – the important founder Augustine Cômte. (iii) Its expression in Law – Analytical Legal Positivism. (a) Different aspects of Legal Positivism (b) John Austin (c) Neo-Positivist Trends (aa) Hart’s Concept (bb) Linguistic Trend (iv) Kelsen’s Pure Theory of Law (v) General Appraisal and Critique (1) Socio-economic and historical context Just before 1848 Revolution, Marx says in the development of Bourgeois class there are 2 phases to distinguish: (i) One which constitutes support Absolute Monarchy (ii) The one which constitutes itself as class, overthrows Feudalism and it establishes its own political rule (Bourgeois Rule) The 1st phase lasted for 3 centuries from 16th C – 18th C The 2nd phase roughly from 1780’s to 1840’s. Actually 1789-1848 is called the Ag of Revolution. During the 1st phase, when it is still constituting itself – their philosophical spokesmen are found in NL school – i.e. Hobbes, Locke etc. – Notion of Justice and equality show the core they argue for change against status quo. The philosophy is metaphysical but revolutionary because it is fighting for change against the status quo. 2nd Phase: The triumph/victory of the Bourgeoisie. In this phase – consolidation of the Bourgeoisie clan at the political level - this found expression in the French Revolution 1789...
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...IMPORTANCE OF ONLINE LEGAL DATABASES Submitted by: Rhea Srivastava Division B (BBA LLB) Roll No – 11 Class 2016 of Symbiosis Law School, NOIDA Symbiosis International University, PUNE In February 2012 Under the guidance of: Ms. Harjinder Kaur and Mr. Nilesh Aeer Course in Charge, Use of Legal Database Symbiosis Law School, NOIDA 201301 D E C L A R A T I O N I Rhea Srivastava, student of BBA LLB Semester II of Symbiosis Law School, Noida hereby declare that the Advanced ICT Training research paper titled “IMPORTANCE OF ONLINE LEGAL DATABASES ” is submitted by me in the line of partial fulfillment of course objectives for the BBA LLB degree. I assure that this synopsis is the result of my own efforts and that any other institute for the award of any degree or diploma has not submitted it. C E R T I F I C A T E The project entitled “IMPORTANCE OF ONLINE LEGAL DATABASES” submitted to the Symbiosis Law School, Noida for Use of Legal Databases as part of internal assessment is based on my original work carried out under the guidance of Ms. Harjinder Kaur and Mr. Nilesh Aeer. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. RHEA SRIVASTAVA Date: 23rd March, 2012 A C K...
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...INTRODUCTION:- Commercial credit or Documentary credit known as letter of credit is considered to be the most common method used in the international trade for the payments of the goods .This method of letter of credit considered to be a prime instrument for international commerce financing and its operation has been highly harmonized by the Uniform Customs and Practice for Documentary Credits (“UCP”). The letter of credit is considered to be the unique form of contract which gives rise to relationship between the various parties: the contract between buyer and banker, the contract between banker and seller and between issuing and correspondent banks. One of the main principle of letter of credit or documentary credit on which credit transaction is based is Doctrine of strict compliance which provides that in order to obtain the payment from the bank, the documents presented to the bank by the seller-beneficiary on their face strictly confirm with the terms of the credit. MEANING OF STRICT COMPLIANCE:- In general, Doctrine of Strict Compliance referred to as a legal principle which provides that the bank is entitled to reject documents which do not strictly conform to the terms of the credit. The doctrine provides that in order to receive the payment from the bank the seller/beneficiary is required to tender documents which are in conformity with the terms of the letter of credit. And under this principle of strict compliance the bank is at liberty to reject the documents...
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