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Good Faith Bad Faith
2,374 wordsfor Lon L Fuller and Melvin Aron Eisenberg (American Casebook Series) 5 th edition. A K is a promise or a set of promises for the breach of which the law gives a remedy Except as otherwise provided, the formation of a K requires a bargain in which there isa consideration To constitute consideration, a performance of a return promise must be bargained for A promise which the promise should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such act...
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Held Liable Reasonable Care
1,001 wordsHarm is easily defined when it is intentional; after all, no one would push you down the steps or purposely cause you to wreck your car. Negligence is an area of tort law that involves unintentional acts that can cause harm and is just as easily identified. The boundaries governing liabilities for negligence, however, are much narrower than that of intentional torts. The difference is that the respondent in a negligent action is performing a task, which is considered perfectly acceptable in ever...
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Equal Employment Opportunity Commission Prohibits Discrimination
4,181 words... r after July 26, 1992, may be filed with the Equal Employment Opportunity Commission or designated State human rights agencies. Available remedies will include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommo...
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Reasonable Doubt Evidence Presented
1,818 wordsIn the movie 12 Angry Men a verdict of not guilty was given to the boy after the fact that apparently all the jurors except one thought that the boy was guilty beyond a reasonable doubt. All of the key evidence presented in the court was rejected by the jury, which led the jurors to have a reasonable doubt about the boys guiltiness. I will present this evidence in chronological order and support why there is a reasonable doubt that would lead each juror to change their view of the case. In my op...
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Fruit Flies Fossil Record
1,822 wordsIf so, then provide an answer to the following questions. "Evolution" in this context is the idea that natural, undirected processes are sufficient to account for the existence of all natural things. 1. Something from nothing? The "Big Bang", the most widely accepted theory of the beginning of the universe, states that everything developed from a small dense cloud of subatomic particles and radiation which exploded, forming hydrogen (and some helium) gas. Where did this energy / matter come from...
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Law Enforcement Officials Law Enforcement Agencies
1,907 wordsNext Five Years & Principle of Inquiry in Police Force The Fourth Amendment to the Constitution states that people have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts decision on this matter I will be relating th...
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Reasonable Doubt Reasonable Cause
506 wordsTLO vs. New Jersey: When Is The Constitution Invalid? In the case of New Jersey vs. TLO, I rule in favor of the petitioner, the state of New Jersey. In this case, I found no reason in the claims made by TLO and her defense. They claimed that the search conducted by school officials was unconstitutional. These officials were searching her purse for cigarettes, which she was caught smoking in the bathroom. During the search for the cigarettes they found the cigarettes, rolling papers used for maki...
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Cambridge Cambridge University Great Britain
2,177 wordsCan Skepticism Be Defended, Perhaps In A Limited Form Introduction This essay centres around what it means to know something is true and also why it is important to distinguish between what you know and do not or can not know. The sceptic in challenging the possibility of knowing anything challenges the basis on which all epistemology is based. It is from this attack on epistemology that the defence of scepticism is seen Strong Scepticism Strong scepticism states that it is not possible to know ...
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Child Abuse Prevention First Degree Murder
2,456 wordsChild abuse is a social problem that affects millions of children each year. Not only does child abuse have multiple societal repercussions, but also individual repercussions that produce lifelong scars. There are many forms of child abuse; sexual, physical, verbal, and emotional. Some of the facts presented in this paper will be painful to absorb. That does not change the fact that these problems must be addressed. It has been reported that one out of three girls, and one out of seven boys are ...
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Ordinary Man Common Law
2,260 wordsDevelopment of Defense of Provocation Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [ 1942 ] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice? At the time of the case of Mancini the concept of provocation as ...
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Recover Damages Specific Performance
5,046 wordsfor Contracts Contracts Syllabus Outline for Lon L Fuller and Melvin Aron Eisenberg (American Casebook Series) 5 th edition defined? A K is a promise or a set of promises for the breach of which the law gives a remedy? R 17: Requirement of a Bargain? Except as otherwise provided, the formation of a K requires a bargain in which there is? a consideration? R 71: Requirement of Exchange? To constitute consideration, a performance of a return promise must be bargained for? Dougherty? Plans? Note on ...
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Impaired Driving Causing Refusing Without Reasonable Excuse
1,264 wordsDrinking And Driving Offences My essay is on Drinking and Driving Offences. In my essay I will tell you the various kinds of drinking and driving offences, the penalties, and the defences you can make if you are caught drinking and driving. Let me tell you about the different offences. There are six offences in drinking and driving. They are driving while impaired, Having care and control of a vehicle while impaired, Driving while exceeding 80 m. g. , Having care and control of a vehicle while e...
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Impaired Driving Causing Refusing Without Reasonable Excuse
1,296 wordsDrinking and Driving Offenses My essay is on Drinking and Driving Offences. In my essa y I will tell you the various kinds of drinking and driving offences, the penalties, and the defences you can make if you are caught drinking and drive ng. Let me tell you about the different offences. There are si x offences in drinking and driving. They are driving while impaired, Have ng care and control of a vehicle while impaired, Driving while exceeding 80 m. g. , Having care and control of a vehicle whi...
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Interstate Commerce Clause U S C
4,648 wordsE-Mail Privacy Rights In Business E-Mail Privacy Rights in Business I. Abstract How far we have come in such a small time. When you think that the personal computer was invented in the early 1980 s and by the end of the millennium, several households have two PCs, it is an astonishing growth rate. And, when you consider business, I can look around the office and see that a lot of the cubicles contain more than one PC. It is astonishing to me that such an item has taken control over the informati...
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Collective Agreements Ad Hoc
985 wordsThe first step to answering this question is to define what is meant by express and implied terms in the context of a contract. A contract contains a number of terms which, in effect, are the obligations of the contract. Express terms are statements actually made by one of the parties, either in writing or orally. They do not always make up the whole contract and there may be other terms which can be implied into it. The basic principle of implied terms is that a term will be implied where it is...
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T L O Law Enforcement Officers
1,135 wordsName of the case and year it was decided X New Jersey v. T. L. O. (1985) The constitutional amendment V or section thereof X which the court is interpreting X 14 th amendment The specific facts of the case X On March 7, 1980, a teacher at Piscataway High School in New Jersey found two girls smoking in a restroom. Since this was a violation of school rules, the teacher took the two students to the principals office. The assistant vice principal questioned the two girls separately. One student adm...
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Reasonable Accommodations Woman
854 wordsThe question has been posed, ? What characteristics of employees, other than those explicitly covered by the Americans with Disabilities Act, can employers consider when hiring, firing, or promoting employees? ? . This is a question that has become critical to answer, as ADA claims exceeded 91, 000 in number between 1992 and 1997. Of these claims, the agency discovered reasonable cause to believe that discrimination occurred in only 3. 1 % of the cases. Many of these claims were built on seeming...
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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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Canadian Charter Hate Propaganda
1,460 wordsMr. Keegstra was a high school teacher in the small Alberta town of Eckville, where he also acted as mayor for a short duration. Mr. Keegstra had toiled in obscurity as a social studies teacher until is dismissal in 1982 after allegations that his teachings were highly anti-semitic, referring to Jews as subversive, sadistic, money loving, etc. As well, Keegstra denied the holocaust and reinforced his views by giving grades to those who agreed with his teachings. If they failed to agree, their ma...
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Impaired Driving Causing Blood Alcohol Level
1,569 wordsEvery year almost 20, 000 people are killed in accidents involving people (or persons) under the influence of alcohol or drugs. That means that someone is killed from alcohol-related accidents approximately every 7 hours and 29 minutes. These types of accidents end up costing the nation almost $ 50 billion dollars each year. Which is a rise of 4 % since 1994. Every year, the police give a breath test to 1. 2 1. 4 million car drivers and about 7, 000 - 10, 000 boat drivers to eliminate drunken dr...
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