...Legal Studies Term Papers The following article provides a brief synopsis on one of the domains of the legal studies, known as the critical legal studies. By the term “legal”, it is evident that the concerned domain is related to a theory or a movement, which is established upon law, official or accepted rules and regulations. The discipline of legal studies comprises of the decrees, which are formulated in order to maintain the regime in the country and eliminate the traces of injustice. However, the politicians to sustain their chain of command may also use them. The nitty-gritty of the Critical Legal Studies (CLS) movement was brought into being in the year 1960 on the occasion of the participation of individuals in the social policy that was meant to achieve goals through direct or militant action during the Vietnamese War. The erudite scholars of the following era had begun employing diversified theories to the field of law and made enormous contribution in reshaping the discipline of legal studies. However, the legitimate appearance of the legal studies movement was observed in the year 1977 at a conference being held at the University of Wisconsin-Madison. The CLS movements were on an increase during 1980s in the United States. However, the British or the European CLS did not succeed in gaining its aimed targets except for the Finnish international lawyer Martti Koskenniemi, who had played a significant role in the Critical Legal Studies campaigns. Some of the...
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...Discuss the issues of compliance and non-‐compliance within consumer law. Unjust contracts – common law and statutory clauses A contract is an agreement involving two or more parties in which legal obligations are created that are legally enforceable. It does not have to be in writing but some form to be in order to have legal recognition. Moreover, contracts have a significance role is promoting compliance and restricting non compliance. Thus both common law and statue protection exists to improve protection against. unjust contracts. Common has evolved signfianctly and two of it’s more fundamental aspects in promoting just contracts include Duress and unconscionable dealing. Duress – actual or threatened violence if they do not sign. CASE LAW – Barton v Armstrong (1975), whereby Barton was forced to sell shares, however was overturned at Privy Council. Moreover, creating precedent of duress as a clause to make a contract invalid. Furthermore, unconscionable dealings are also banned under CASE LAW - Commercial Bank of Australia Ltd v. Amadio (1983). Whereby, defining it as “Unconscientious use of a superior position or bargaining power to the detriment of a party who suffers from a special disability”. While the common law provides mechanisms for remedying injustice, they were fairly limited and were often difficult to prove in court. Additionally, Statutory protection for consumers...
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...TOPIC 4: INTRODUCTION TO CONTRACT LAW — ESSENTIAL ELEMENTS OF A CONTRACT — STEPS 3, 4 AND 5 Please remember to check your Bulletin Board. • Chapters 5 and 6 of Turner. • Chapters 5 and 6 of Gibson (optional). Learning objectives After you have completed the readings for this topic you should be able to: > define consideration and be able to identify when it is present; > explain and apply the legal principles relating to consideration; > explain the difference between past, executed and executory consideration; > explain and apply the doctrine of promissory estoppel; > identify contracts which must be in writing; > recognise the classes of persons who have limited contractual capacity and describe the effect that each has on simple contract; > outline the common law rules regarding contracts entered into by infants and which can be valid, voidable or void; > summarise statutory changes to the common law made in NSW and SA in relation to infants; and > outline the common law rules with regard to capacity to contract with respect to corporations and bankrupts, the mentally ill and those under the influence of alcohol. Graduate School of Business 4:2 Step 3: Consideration Consideration is something for something. Put another way, it is the price the promisee pays for the promise. For example, in the case of the purchase of a house, it is that house in exchange for the purchase price. Consideration makes the agreement in a commercial bargain. A person...
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...U. S. Congressman, Alcee Hastings Alcee Lamar Hastings was appointed by former President Jimmy Carter and became the first African-American Federal Judge in the state of Florida. Currently, he is the U.S. Representative for Florida’s 23rd congressional district. Hastings has held this position since January 3, 1993. Prior to this position, Representative Hastings held the seat of Judge of the United States District Court for the Southern District of Florida from November 2, 1979 until October 20, 1989. Representative Hastings just happens to be one of only eight federal officials in American history to be impeached and removed from office. Facts surrounding the Impeachment In 1983, Hastings was acquitted of conspiracy to solicit a $150,000 bribe. In 1989, while working as a Federal Judge, Alcee Hastings was found guilty of bribery and perjury and removed from office. However, in 1992 Hastings was elected to the U.S. House of Representatives from Florida. It was alleged that in 1985, Alcee Hastings improperly revelation of sensitive government information obtained through a federal wiretap. Third Chances A lawsuit has just been filed against Alcee Hastings (D-FL) by a former female employee is alleging that, over a period of two years, Hastings repeatedly made unwelcome sexual advances and crude comments towards her. The misconduct allegedly occurred while Hastings served as Chairman to the Commission on Security and Cooperation in Europe. The former employee, Winsome...
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...Legal Studies ------------------------------------------------- Shelter THE RIGHT TO SHELTER AND THE ROLE OF GOVERNMENTS IN SATISFYING THAT RIGHT * The right to adequate housing applies to everyone. Furthermore, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, and group or other affiliation or status, and enjoyment of this right must not be subject to any form of discrimination. * The right to shelter is clearly supported by international law. International recognition of the right to shelter was initially given in the U.N. Universal Declaration of Human Rights (1948). Article 25 of the Declaration states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family including food, clothing, housing and medical care and necessary social services”. * The UN CROC Article 27 (3) states that the government must provide material assistance and support programs where necessary, particularly with regard to nutrition, clothing and housing. * Article 11 of the U.N. International Covenant on Economic, Social, Cultural Rights (1966) states, “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this...
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...Legal Case Study This study is about a 41 year old woman whose name is Terri Schiavo. She was in a persistent vegetative state for 15 years with a brain injury before she died on March 31, 2005. This paper discusses her 15 year ordeal, the effects of it on her husband and family, Terri’s right to die, and the importance of end of life choices. We discuss the ethical and legal issues involved in the decision making of this case. Her husband and family disagreed on how to handle her situation, whether or not to remove her feeding tube. Even though their Terri was in both of their best interest, they could not agree on, would removing the feeding tube be killing her or letting her die? Ethical Importance Terri had left no written instructions as to what her wishes might be if she were no longer able to make her own medical decisions. The only thing that the court and her family had to go on was what her husband and family remembered her saying in conversation over the years. The memories of her husband and family were very different. In the beginning of this ordeal they both agreed that everything should be done for Terri’s survival because at that time there was hope. After a while, when Terri did not appear to be changing, or getting better, her husband believed that the quality of life that Terri had was not the quality that she would have wanted had she been able to voice her opinion. “Michael Schiavo said his wife had said that she would never want to be...
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...Legal Studies Research Essay By Shirley Zhang Option One: Which two criminological theories do you believe best explain criminal behaviour? Use at least two case studies [of real crimes/criminals] to support your opinion. 1000 – 1500 words. Compared to the economic and biological theories of crime, the psychological and the economic theories are more reliable. This can be shown through the Filipinos ex police officer hi-jacking and killing Hong Kong tourists case and the Ted Bundy’s case. The ex police officer, Rolando Mendoza was fired after found illegally extorting Christian Kalaw, a chef of the Mandarin Hotel. He hi-jacked a bus full of Hong Kong tourists as hostages demanding for his case to be reheard by the Ombudsmen and his job back. According to the Differential Association Theory and the social learning theory, criminal behaviours were leant and were learnt by observing their surroundings. This applied to Mendoza since he was a police officer who dealt with and observed criminal behaviours each day. Theorists of Strain Theory stated that social structures may encourage citizens to commit crime. Rolando’s brother, Gregorio, said that all his brother wanted was a fair hearing because the Ombudsmen never gave him a chance to defend himself and dismissed him straight away. According to the Labelling Theory, people could be influenced by the words they were described with. Rolando was kicked out of the police station because of extortion, thus, he was labelled as...
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...Advise to Mel on what to do next: Mel has been directly discriminated due to her pregnancy and additionally she has been bullied from her work colleagues. Since Mel was working at Widgets & Gadgets for less than six months she will not be able to apply for an unfair dismissal, even though it seemed that she was put under pressure to resign (WRS Centre, 2009). Mel should take her case in front of the federal court as the unlawful acts all fall under the Federal Legislation; under the Sex Discrimination Act 1984. The first step Mel should take is to lodge a form to the Australian Human Rights Commission, either by email, online or by phone. After having the complaint reviewed the commission will decide whether the complaint is suitable for the parties to recon ciliate or not. Assuming if the parties do not agree reconciliation then the complaint is brought to the attention of the Federal Court of Australia. Issue: Whether Widgets & Gadgets discriminated against Mel Alcholy on the grounds of her pregnancy by changing her employment conditions which of disadvantaged her and additionally whether Mel was pressured into reducing her working hours and changing from fulltime employment to part time employment. Law: The following law applies to Mel’s case: * Sex Discrimination Act 1984, section 7, Discrimination on the ground of pregnancy or potential pregnancy (Austlii, 2012); with reference to case Sheaves V AAPT 2006. Furthermore Sex discrimination Act 1984, Section...
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...RUNNING HEARD: Consideration Tamara Spencer Unit 2 Consideration PA130: Contracts Patrick Cleveland Consideration On February 13, 2008, Claire Dawn decides to sell Leonardo deCapo her 1965 Corvette Stingray. Dawn agrees within the contract to sell her vehicle for $25,995.00 plus all title transfer fees. A month later, deCapo response to the contract was a letter written on a napkin that reads “Dear Claire, I accept.” deCapo then mailed the acceptance letter to Dawn’s home in Beverly Hills, California. Even though deCapo mailed the acceptance letter to Dawn, she has yet to receive the acceptance of the offer (McGraw-Hill, 2008). OFFER There are two forms of a mutual legal agreement. There are bilateral contracts and there are unilateral contracts. A bilateral contract is when both parties exchange a promise for a promise. In the case of Dawn v. deCapo, parties formed a unilateral contract. Dawn exchanged a promise for an act to deCapo. In the case of Dawn and deCapo, Dawn was the offeror while de Capo is the offeree. In order for a contract to become binding, there only have to be an acceptance upon the offeree. An offeror is the person extending a proposal to form the contract. An offeree is the individual receiving the offer to form a contract (McGraw-Hill, 2008). ACCEPTANCE A suitable offer has four levels in order for an offer to be valid. In order for an offer to be of standard the parties has to come a meeting of the minds. If there is for some reason,...
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...Case Brief Sinthasomphone Estate of Sinthasomphone v. City of Milwaukee, 838 F.Supp 1320 (1993) Facts: Konerak Sinthasomphone, a 14-year-old boy, was lured to an apartment by Jeffery Dahmer to take nude photographs for money. Once in the apartment, Dahmer drugged Sinthasomphone so that he could keep him subdued for later torture and execution. Sinthasomphone escaped the apartment while Dahmer was out. He was seen wondering the streets naked and physically hurt. Law enforcement arrived after being summoned by a 911 call. Dahmer arrived soon after. Dahmer claimed to be a friend of Sinthasomphone stating that he had consumed too much alcohol. After evaluating the situation, the police officers determined that Dahmer was telling the truth and assisted...
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...Karen may have an action against ABBBW for her broken arm. The occupier-occupant relationship is an established duty case. The facts also clearly establish breach by stating that ABBBW had ‘carelessly forgotten to put up a sign’. Finally, causation is clear from the statement that Karen tripped ‘due to this instability’. The only issue which must be addressed is whether the legislative presumption of contributory negligence is applicable to Karen. Contributory negligence Section 95(1) of the Civil Law (Wrongs) Act (CLWA) states that contributory negligence will be presumed if the injured person was intoxicated at the time of the accident. It is noted that Karen enters the waterhole after consuming a litre of wine. Although other factors which influence the effects of alcohol are not mentioned, such as Karen’s body mass, the large quantity of wine consumed means that ABBBW would probably not have a problem establishing intoxication. However, Karen could rebut this presumption by referring to s 95(2)(a), which notes that contributory negligence will not be assumed if the plaintiff can prove on the balance of probabilities that his or her intoxication did not contribute to the accident. The facts simply state that Karen lost her balance ‘due to the instability’ of the waterhole and no indication is given that her intoxication made the accident more likely. Without evidence to the contrary, Karen would likely recover in full for her broken arm. Karen v ABBBW (2) ABBBW...
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...I found your answer to LA1Q1 very well written and through. The disadvantage that I find the most challenging is that of unlimited liability. Owen will be “personally liable for all the business’s debts and obligations” (The legal and ethical environment of business, 2014, pg. 350). However, this does not just include debts and obligations such as loans, money received for future services, and contractual obligations. As we have seen in the numerous case briefs so far in this class regarding negligence and the various other torts, Owen will have to be very careful in how he conducts business. Owen’s business would not be the only asset he would lose if he were to be found liable in a court case following some mere accident. All of his personal assets would be at stake as well. This could not only dissolve his business but his personal assets as well. I did not agree with your analysis of LA1Q2. Flip’s relationship to Great States Trucking LLC ended and therefore the association ended. Dissolution is when, for any reason,...
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...Background Leigh, nicknamed Lee, is the oldest of the three cousins. She is an African American, woman, identifies as a lesbian, and is approximately 29 years of age. The home town in Rural Mississippi that she grew up in, remains her residence. Her feature included dark brown skin color and she has short, black, thinker hair that she either ties up or places behind her ears. She is approximately 5’2” and is over weight for her height. The characteristics of her moment are often slower and careful when she is calm and brisk when she is angry. She trudges briskly when she walks, and she is animated in her movements when she talks. In her presentation she dresses more masculine and carries herself in her shoulders, which is a more masculine feature. High school was the highest level of education that she received, and she has not demonstrated any ambition to move further at this stage in her life. This woman has a job, but she might have had some trouble holding down a stable job due to her stress level that she presents with. She is currently single and her most notable success was the relationship with her ex-girlfriend, Paula. Even though that relationship has been terminated for many years, she has not been able to move past it. She is currently experience problems with gamboling and possibly addiction to alcohol. She has lost her home and has moved back in with her father. Her sister, Kari, has helped to check her into a hospital in order to get her life back under control...
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...Jenny Soonthornrangsan “San Fernando Valley (Area 1 North Hollywood and Burbank)” Contaminant Site: - Seven square miles of contaminated groundwater beneath North Hollywood - Proposed Date of NPL listing: 10/15/84; Final Date of NPL listing: 06/10/86 Contaminants: - Volatile Organic Compounds (VOCs) that include Trichloroethylene (TCE) and Perchloroethylene (PCE) [also known as Tetrachloroethylene] a) Trichloroethylene, characterized with a colorless or blue liquid with chloroform-like odor, is mainly used in the production of textiles and removal of grease from metal parts. b) Perchloroethylene or tetrachloroethylene, characterized with a colorless organic liquid with a mild, chloroform-like odor, is mainly used in the textile industry and aerosol dry-cleaning products. PCE is usually discharged from factories and dry cleaners. i. The level for PCE was above 5 ppb (parts per billion) - Recently, EPA added hexavalent chromium (chromium-6), 1,4- dioxane, 1,2,3 Trichloropropane (TCP) a) Chromium- 6 could cause allergic dermatitis and be carcinogenic to humans. Chromium-6 is usually discharged from steel and pulp mills. i. The highest value detected in drinking water wells has been 15 parts per billion grams per liter b) 1, 4 dioxane is mainly used as a solvent for resins, oils, and waxes. Short term inhalation can result in drowsiness, headache, anorexia, and irritation of the eyes, nose, throat, and lungs. c) Trichloropropane, characterized with colorless to straw-colored...
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...First assignment: The case study about conflict of Interest The relationship of this case is as below: Also, it is important to knowing that: 1. The McHugh family doesn’t know that Donald Rosenthal operated a business brokerage business, and the business now has conflicts of interest towards the McHugh family. 2. The equipment of Silver’s Gym was fully depreciated and the plant was in need of costly repairs, and a brand new Johnny Z’s Gym opened up on nearby, lured over 50% of the prior membership of Silvers’ Gym away. All in all, that means buying Silver’s Gym for $600,000 is really a bad mistake for the unknowledgeable McHugh family. Questions for Discussion & Analysis 1. What are the ethical considerations involved for Donald Rosenthal, his business brokerage firm and his law firm? Donald Rosenthal is the stakeholder of Arnold, Quisling & Brutus, and at the same time, Donald Rosenthal also operates a business brokerage firm as a stakeholder. When there is a potential conflict of interest on those two entities, Donald Rosenthal will face to a dilemma to make business decisions. This dilemma will possibly affect an individual’s actions or decisions, result in lack of independence, objectivity and unethical behavior. As mention in this case, Donald Rosenthal fail to act integrity, loyalty, prudence and care to the asset management of McHugh, make unsuitable investment decision to achieve his own profit. Donald Rosenthal’s business brokerage firm has...
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