...Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding which, despite internal investigation, has now lead to a formal police report. Can DDL be held be liable for damages in respect of a possible civil claim for harassment; if so on what legal basis and to what degree. Key words or phrases Harassment Protection from harassment Employer’s liability Vicarious liability Damages/sanctions in harassment cases Obvious sources/areas of law Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law Client objective(s) To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that Oxbridge Essays www.oxbridgeessays.com their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now. Record of research undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer...
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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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...basis of copyright law in the United States[1]. The Act spells out the basic rights of copyright holders, codifies the previously patchwork doctrine of fair use and adopted a unitary term of copyright exclusivity based on the date of the author’s death instead of using a fixed number of years and renewal terms as was previously spelled out in the 1909 Act. The 1909 Act was the last major piece of copyright legislation, and Congress recognized that technology had changed to the point where several pieces of the Act were no longer fit to serve as the basis for interpretation. The 1976 Act was designed to address intellectual property issues raised by new innovations in technology that were previously unforeseen. The Act addresses to the legal practitioners and non-lawyers what kinds of rights they have based on the medium in which they have chosen to communicate an idea as what as what constitutes a copyrightable idea. The sine qua non of copyright is originality, however, the Copyright Act sets the standard for creativity extremely low. Rather than the completely novel ideas protected by the patent laws, copyright laws dictate that an idea only needs a minimal degree of creativity to be protected. The Copyright Act is seen as a compromise between the rights of the publishers and the rights of the authors. The extension protects the rights of the authors with respect to whether they can profit from their ideas, but the publishers now have certain rights that they can assert...
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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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...Kudler Fine Foods’ Product Liability Kudler Fine Foods Company provides quality products to their customers with selected foodstuffs, wines, and related needs. They know their products and the best way to provide quality products to the customers with the most concerns and responsibility to the company. The company needs to understand how to handle numerous legal issues and be able to address the problem so that it will not compromise the purpose of the business, as well as the conservation of resources spent in fixing the issue (Apollo Group, 2012). According to "Product Liability" (2012), Liability “refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders, for damages or injuries suffered because of defects in goods purchased. A tort which makes a manufacturer liable if his product has a defective condition that makes it unreasonably dangerous to the user or consumer”. The case of Ashley Pelman, v McDonald’s, the plaintiff, a minor, is suing McDonald's Corporation. Under the ground that the plaintiff suffered from physical ailments as an alleged side-effect of consuming their products. Ashley alleged that McDonald's carelessly and purposely caused injury by selling an inherently dangerous product and failing to warn consumers of the health effects of consuming their food. Ashley suffered from health issues ranging from obesity, diabetes, and other health effects. ("McDonald’s And Product Liability Lawsuits"...
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...Julia Valenzuela Koko Victory Table of Contents Background of the Company 3 Background of the Business Intelligence Undertaking: Challenge 5 Background of Business Intelligence Undertaking: Solution 6 Sources 6 Background of the Company As a market leader with a significant revenue base to protect, Lexis-Nexis certainly understand the value of competitive intelligence. A source of real time and archival information for 26 years, with 1998 revenues of $1.3 billion, the Lexis-Nexis Group provides customers with highly structured information tools. Our mission is to be the preferred provider of decision support information and services to professionals in legal, business, and government markets. We are comprised of companies operating either within Lexis Publishing (for the legal profession) or the Nexis business unit (serving business, government, and academic markets). Their brands guarantee access to information from authoritative sources, enriched with enhancements such as indexing, linkages, and segmentation. Lexis-Nexis is a large group, global organization with about 8,000 staff in 63 locations, and all 8,000 staff members have access to our CI tools through our internal corporate intranet. Lexis-Nexis have 1.8 million subscribers, excluding the two-thirds of the U.S. undergraduate student population that have full access to Lexis-Nexis via their campus networks. About half their business is online and half off line which are books, CD-ROMs...
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...New Mexico Statute Melissa L. Shuey Kaplan University 1. This statute was enacted by the legislature of the State of New Mexico. 2. The language contained in the New Mexico statute is primarily mandatory. The beginning of the statue uses “shall be” and “shall not be,” both of which are mandatory phrases. Additionally, subsection (1) continues with mandatory language when it states, “No individual shall receive benefits…” and “…that a person shall not be denied….” However, some discretionary language exists with the phrases, “without good cause” and “suitable work,” which leaves room for subjectivity on the part of the Division of Unemployment Services. 3. According to the statute, a person can be denied unemployment benefits if “it is determined by the division that” the person voluntarily quits, is fired for misconduct connected to the job, or is not attempting to get a job, either by not applying or turning down a viable job offer. Based on the fact that these three items are separated by semicolons and the word “or” between numbers two and three, a person must only meet one of the three descriptions in order to be disqualified from receiving benefits. 4. Exceptions apply only to the first part, (1), which relates to a person voluntarily quitting a job. These exceptions clarify that benefits shall not be denied “solely on the basis of pregnancy or the termination of pregnancy;” if the person left the job due to evidenced domestic abuse; or if relocation was...
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...conclusion that if there is actually any need of the external aid as a tool of interpretation, since there already exist a lot of other rules for this purpose? The second being that how the external aid has been used so far for the purposes of interpretation and if there is any scope for its better utilisation? Scope: The Project will be expanded so as so to cover almost every aspect related to the project topic. After the detailed study, if possible, Researcher will try to specifically point out the grey areas or Literature Review: Much has been written on the subject of interpretation and so on the topic chosen viz. External Aid. All those things need not be mentioned here. All of those will be specifically dealt in the final draft. Research Methodology: Due to the very nature of the project topic, Researcher...
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...ASSESSMENT (Check all that apply) | FORMATIVE | SUMMATIVE | Quizzes/Tests | X | Multiple Choice/Short Answer Test | X | Notes/Graphic Representations | X | Essay Test | | Rough Draft | X | Written Product with Rubric | | Practice Presentation | X | Oral Presentation with Rubric | X | Preliminary Plans/Goals/Checklists of Progress | X | Other Product or Performance with Rubric | X | Journal/Learning Log | | Self-Evaluation or Reflection | | Other: | | Evaluation by Authentic Audience | | MATERIALS AND RESOURCES NEEDED TO SUPPORT THE UNIT | -Pen/Pencil and paper for note taking -Computer for research -Missouri case law book -Goldilocks and the three bears printed copy. | SUPPORT, MODIFICATIONS AND EXTENSIONS—What is needed to provide support for students who have difficulty learning the...
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...|Who Moved My Cheese | |The Research on College Students’ Part-time Employment and Current Situation of Safeguarding Their Legal Rights | June 7, 2011 Abstract Nowadays, college students’ taking part-time jobs is becoming a common phenomenon. College students, a group people who are the pioneers to build the future society, their behavior on choosing and doing part-time jobs and legal rights maintaining have great significance to research. We assessed the college students’ performance on part-time job employment by analysis of 390 questionnaires, using SPSS software and other data analysis systems. Based on the research, we find that majority students have strong desire to take part-time jobs, but lack knowledge of relevant law and actions to protect their lawful rights and interests. In the end of the paper we come up with several suggestions to today’s college students on choosing part-time jobs and self-protection. KEY WORDS Part-time employment. College Students. Lawful rights and interest. Aspirations. CONTENT λ CHAPTER 1: Introduction 3 λ CHAPTER 2: Literature Review 4 λ CHAPTER 3: Methodology 5 3.1 Data collection approach 5 3.2 Questionnaire Design 6 3.3 Pilot Test 7 3.3.1 Reliability 7 λ CHAPTER 4: Results and Discussion 8 4.1 Results of personal profile 8 4.2 Descriptive...
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...1963 and is recorded on page 234 of volume 371 in the United States Reporter. Lamb v. California, 371 U.S. 234 (1963). 2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts. United States Court of Appeals for the First Circuit United States Supreme Court 3. From the following sources of law within our legal system, list them in the order of most binding to least binding (assume all involved laws are valid) and explain why that order exists. a. state constitution; b. federal constitution; c. state legislation; d. federal legislation. Federal Constitution; Federal Legislation; State Constitution; State Legislation Article VI, Section 2 of the United States Constitution, known as the Supremacy Clause, sets forth that three distinct areas of legislation be at the forefront. It states that the Constitution, Federal statutes, and United States treaties encompass the "supreme law of the land", therefore making them the highest areas of law possible within the legal system of America. Federal legislature can’t violate the Constitution because the Constitution is considered the supreme law of the land. Any federal law trumps any conflicting state law. State legislature is restricted by state constitution. States can’t pass laws that interfere with the Constitution or federal legislation. The Supreme Court has the authority to overturn state laws that interfere with...
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...Elizabeth Gomez Saratoga Hostel v. Avila (2009) In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when their performance did not improve, the manager called each of the 3 employees to a private meeting, and opened a new part-time/seasonal housekeeper position. Avila was given a verbal warning for her current poor performance (up to this point, Avila’s performance was always described as “good” or “excellent”.) Comments about Avila’s age starting to be heard around the hotel after her warning; she was called “grandma”, and constantly asked if she usually uses her “senior discount” at stores. She was the oldest housekeeper. Also, rumors around the employees were saying that, out of the three employees who were called to speak to the manager, only Avila’s was given a verbal warning. When her performance did not improve, she was terminated in January...
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...------------------------------------------------- Top of Form Bottom of Form A Guide to India’s Legal Research and Legal System By Dr. Rakesh Kumar Srivastava Dr. R.K. Shrivastava is presently Chief Librarian at the Supreme Court of India, New Delhi. He has more than twenty-four years of experience in the field of law librarianship in India. He has a degree in Law, a Postgraduate degree in Library & Information Science and a Doctorate degree in Library & Information Science. He has been a guest faculty member in many institutions, an academic counsellor of Indira Gandhi National Open University (IGNOU) and the Rajarishi Tandon Open University, Allahabad. He has been an Honorary Principal of School of Law of Library Science, Lucknow for more than 15 years. He is a member of many professional bodies, including his service as the General Secretary of the U.P. Library Association and the Vice-President of the Indian Library Association. Due to his work in the field of law librarianship, he has been awarded by the U.P. Government. He is presently a member of the Academic Council, Hidayatullah National Law University, Raipur. He recently delivered lectures on legal research methodology in National Judicial Academy, Bhopal and Karnataka Judicial Academy, Bangalore, Academic Staff College, Jamia Milia Univesity and in Ranganathan Research Circle, New Delhi. He has published more than fifty papers on various aspects of library and information science and law...
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...Dear Margo, Hope you, Alan Karina, Rachael, and Felicia are all doing well. Winter here has been really crazy this year. In December our weather temps were 70and up into the 90’s.This all changed in mid- January. The temps began dropping into the teens-low 20’s.We’ve even gotten a round of snow, and several bouts of ice. Sadly this led to multiple accidents, and numerous people being injured, because everyone was just caught off guard, and there was no time to prepare the roads. Then, there is also the fact that because we so rarely get this sort of weather, the state cut the budget for salting the roads, and no longer has funds available for salting the roads. There were a few school busses, that upon early release, skidded and had accidents, and a number of children were injured as a result. Other than these bitter cold temps, which have also kept dad and I both pretty much bedridden with pain, we’re doing well overall. Darlys is a distance runner on the varsity team, as a freshman, Desirey, with her new IEP in place is doing much better in school, although she is still being bullied and pushed down the stairs and gym bleachers daily. I look forward to hearing how each of you are doing! Love always, Jody Ann Dear sir or madam, Address this letter to a city department, like the street department, or public works. It is with great concern that I am writing to you. With the recent changes to our state budget cutting or at the very least reducing our funds for salting...
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...Q10. Texas Judicial Opinion Case name: Thompson v. State, January 24, 2014 Case number: 04-12-00557-CR Facts: Lorenzo Thompson was charged with Capital Murder after attempting to commit robbery at a gas station in San Antonio, Texas on April 12, 2010. Thompson purposely caused the death of Vanessa Pitts by driving erratically to cause Pitts to be thrown from the truck he was driving. Thompson stole Pitt’s purse from her car while she was fueling up and she chased after him attempting to retrieve her purse. During the pursuit, Pitts jumped onto Thompson’s running boards on his truck while Thompson began to swerve in and out of traffic and eventually threw Pitt’s off of his truck. Thompson never stopped after Pitt’s was flung from his truck and Pitt’s died from injuries from being thrown from the truck. Issues of Law: 1. Is there enough evidence to prove that Thompson should be charged with Capital Murder? 2. Should Thompson be charged with a lesser charge such as Manslaughter or criminally negligent homicide instead Capital Murder? Statute: According to Tex. Pen. Code Ann. § 19.03 (Vernon) in the State of Texas, an individual can be charged with Capital Murder if “(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);” Tex. Pen. Code Ann. § 19.03 (Vernon) ...
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