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Equal Employment Opportunity Affirmative Action Programs
1,452 wordsThe Necessity for Affirmative Action: During the American Revolution Thomas Jefferson and America's founding fathers struggled for freedom and equality. Years of agonizing battling took place, and finally emancipation was gained and America was formed. As a society we have grown to believe that America equals equality, when in fact it does not. When the declaration of independence was created only white male colonists were created equally. Over 224 years have gone by since our foundation was lai...
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Breach Of Contract Recover Damages
2,129 wordsCivil Cases - Return to Table of Contents Civil cases are those in which individuals, corporations or government agencies seek to recover damages, enforce their rights or otherwise protect a legal interest from interference by another. Essentially, the civil law enables people to assert or defend their rights in an orderly, nonviolent manner and enables them to resolve legal disputes in a fashion which society finds acceptable. As might be imagined, civil cases encompass a broad range of legal s...
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Burden Of Proof Voir Dire
2,183 words... als. In both types of cases, provisions are made for alternate jurors to replace a regular juror who may become ill or disabled during trial. In a civil case, the trial jury is composed of 6 persons, with provision for the selection of alternate jurors. The trial jury is selected from the group previously described. A panel is called, and they take their place in the jury box (criminal) or impaneling room (civil). A process known as voir dire then takes place in which the attorneys, and some...
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Including But Not Limited Employment Status
813 wordsCIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS FILED DEPUTY CLERK PLAINTIFF'S INTERROGATORIES TO DEFENDANT Plaintiff, , through undersigned counsel, propounds the following Interrogatories to defendant, Touro Infirmary, to be answered fully, separately, in writing, and under oath, within the delays allowed by law: State when the accident referred to in the Petition for Damages first came to the attention of the defendant or any employee or company representative of the defendant, by whom it was ...
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Establishment Clause Article Iii
3,919 wordsTwo foundations of our government, the Declaration of Independence and the Constitution. -Individual rights from God, give up some liberty to the state. -States do not give up their own sovereignty. -absolute power corrupts. fed. v. state Central govt of seperated powers, the three branches of limited and separate power. 1 st Attempt, the Articles of Confederation. The constitution protects individuals from the government, places restrictions on the govt. I Discussion of the Supreme Court and ot...
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Court Of Appeal Car Park
1,296 wordsA bilateral contract is one where both parties are to perform their promises or obligations at some future time but not necessarily at the same time. A unilateral contract is one where one of the parties performs his promises at the time of making the contract and the other party promises to perform in the future. For example, if Vincent promise to sell Joe a Car for $ 1000 and Joe promises to pay $ 1000 for the car, the contract is bilateral and executory on both sides. However if Joe promises ...
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Amendment Guarantees Political Speech
1,871 wordsRunning head: CASE PORTFOLIO Case Portfolio August 14, 2008 Case Portfolio Real Properties Does owning real property mean that all rights are protected? Owning real property doesnt mean that all rights are protected. The rights are limited in the ownership of land or personal property. Provide two examples of where rights are limited in the ownership of land or property? The rights in real property are limited by what may appear in the chain of title (e. g. including any outstanding liens, condo...
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Act Of 1996 Information On The Internet
1,658 wordsPrivacy in the Information Age We live in a time where information is only a mouse-click away for a large portion of the country and the world. Up until ten years ago, people had to go to their local library or purchase an expensive encyclopedia set for their home just to obtain information. Now, information is free and easily accessible from the home. Why pay five hundred dollars for an encyclopedia set when you can get on the Internet and obtain even more information for free? Also, within the...
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U S Supreme Court U S Court
2,809 wordsBusiness Law and The Legal Environment Court if Appeals may review orders from certain administrative agencies. The function of this court is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error. The court can either reverse or modify the judgment. The court may also send it back to the lower court or if there is no prejudicial error, uphold the lower courts judgment. The Supreme Courts the nations highest court whose principal function i...
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Court Of Law Greater Value Plaintiff
246 wordsA Complete Case Analysis The situation described is a classic case of how plaintiff trying to break contract buyer beware case. Plaintiff did not read the contract, which specifically said of how much defendant would be held liable in case if passengers luggage, which doesnt have any additional insurance on it, gets lost due to negligence on the behalf of the defendant. Her argument was that she doesnt have to read every statement on the claim check, being too busy yet she assumed that railroad ...
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Organised Crime Oxford University
1,977 wordsCommunication Law and Ethics Essay Law Question: Week 4: Who can be sued in a defamation case? Outline possible defences, citing case studies. The penguin Modern English dictionary defines defamation as a false report made maliciously to injure. Other definitions of defamation include slander and calumny. The basic idea of defamation is simple. It is an attempt to balance the private right to protect ones reputation with the public right to freedom of speech. Defamation allows people to sue thos...
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Op Cit Journal Vol
4,645 wordsDefamation Law is seen as balancing competition interests: Reputation/Privacy vis a vis Freedoms of Speech and Communications. [ 1. 1 ] The law of defamation in Australia has long sought to protect the competing interests of reputation and privacy, and the rights of freedom of speech and information. The law of defamation has also sought to provide a course of action for the individual and provide possible defences available to the press. However, with new technologies and the advancement of the...
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Cause Of Action Hate Literature
5,279 wordsSuppose one accepts MacKinnon and Dworkins suggested statutory definition of pornography. How does one who generally accepts MacKinnon and Dworkins views on the pervasively harmful effect of pornography, and who accepts a need for legal redress of the harms perpetrated by pornography, deal with pornographic material? The ordinance proposed by MacKinnon and Dworkin would deal with such material by enacting legislation which gives people adversely affected by the works, which clearly fit their def...
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Retirement Income Common Law
349 wordsRe: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1 - 4 - 99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co. , defendant, for nine years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiff? s common law claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: Wrongful discharge Defendant: Terminated at ...
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Acute Exclusion Clause
1,121 wordsIf the question arises regarding the rights of a consumer, we must seek to prove whether a retailer is liable. Quark´ s TV Emporium Ltd is a retail business, which had advertised a new 28 inch stereo television with teletext. Mr Sisko bought the television set for £ 300 but after a month it went wrong and Mr Sisko discovered it was a cheaper mono model. Mr Sisko wanted his money back but had signed a clause in the sales contract excluding liability under the Sale of Goods Act. The fo...
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Compensatory Damages Risk Taking
4,336 wordsWhy the law of damages is more favourable to commercial interests than personal interests. On August 7 th 1994, 11 miners were killed when an explosion ripped through the BHP-owned Number 2 Mine in Moura, Central Queensland. In a bitter attack the Workers News declared that these deaths were not an unexpected accident, but a direct result of BHP s drive to boost productivity and cut costs. They form part of the disastrous death toll now escalating through industry. This paper seeks to determine ...
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Medical Care Insurance Costs
1,744 wordsMedical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a common calling which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the GIANT of all torts, negligence. Now ...
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Cause Of Action Hate Literature
2,156 wordsSuppose one Porn 2 Pornography Suppose one accepts MacKinnon and Dworkins suggested statutory definition of pornography. How does one who generally accepts MacKinnon and Dworkins views on the pervasively harmful effect of pornography, and who accepts a need for legal redress of the harms perpetrated by pornography, deal with pornographic material? The second major problem with the ordinance for our traditional liberal legal framework is the identification of the source of the harm. The liberal c...
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Criminal Acts Parking Lots
3,243 words(LANDOWNERS Premises Liability PREMISES LIABILITY (LANDOWNERS AND OCCUPIERS) I. Premises Liability Responsibility of Landlords and Tenants. Under the common law, a landlord was not liable for injuries sustained by third persons while on leased premises. Court decisions and statutes have since overridden this no-liability rule. Landlords owe a duty of reasonable care to tenants and third parties not to negligently cause them injury. This duty is based on the foreseeability standard of ordinary ne...
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Equal Protection Clause Prima Facie
4,068 wordsTHE Reverse Discrimination REVERSE DISCRIMINATION: THE REPRECUSSIONS OF AFFIRMATIVE ACTION Discrimination in employment has been an issue that has plagued our society throughout history. At the turn of this century it was acceptable to advertise job openings and specifically state that people of a certain race, color, religion, gender, or national origin need not apply. A lot has changed over the last 100 years. The proverbial pendulum has swung in the direction of federal protection of certain ...
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