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Chapter 1 nature and sources of law
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2- May 2014, HW assignment 1 Chapters 1-8 Due 13MAY2014
Ahmed Elbadawy
1) List the sources of law?
Answer: law consists of many layers that interact together at different stages of government in order to support the personal rights, duties and describe the frame work of business, at the very base of these sources lays the constitutional law that can be simplified as the whole body of principals that describes the governmental structure and states the relationship between the people and their government. It is divided into two main branches the state constitution and federal constitutions. As well other sources of law contain the statuary law that consists of legislative acts that declare commands and prohibits some actions. At the state levels, statutes control the process of foundation of corporations, probate of wills, and property title transferring processes. It is divided into three parties that are the state legislatures, the federal U.S congress & the local government. And there are also the administrative laws that are decided by two agencies that are the state administrative agencies & the federal administrative agencies and these laws have the same forces of statutes. And the presence of private laws is very important as it sets the rules and regulations parties agree to as per their contractual relationships. Case laws, treaties and executive orders, and uniform state law are all considered also sources of law
2) What are uniform laws and why would states adopt them?
Answer: uniform state laws are Statutes drafted by the National Conference of Commissioners on uniform state laws (NCCUSL) that is a committee composed from different representatives from every state. Best example is the Uniform Commercial Code (UCC...
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...“every person who shall monopolize or attempt to monopolize, or combine, or conspire with any other person or persons to monopolize any part of the trade or commerce among the several states, or with foreign nations, shall be deemed guilty of a felony” (Twoney, 2011,p.92). As a result the US government has set very restrictive and supervises any attempts or misleading advertising campaigns to protect its citizens when dealing in trades whether nationally or internationally.
10) Name an International Trade organization and state their function.
Answer:
11) Companies may operate in foreign countries in different forms. What are 5 of these forms?
12) What is a crime?
Answer: crime is an illegal act that is defined by law against the society or any individual and has legal statues of punishments that usually leads to jail or even execution.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
Crime can be defined as “an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law; especially: a gross violation of law” (Merriam Webster). In simpler terms, any act of breaking the law is committing a crime. Southie, Boston is full of crime as crime is the most prevalent social problem found in the town. Crime is the biggest contributor to the overall poor conditions of the neighborhood. The majority of the crimes committed in Southie are in the form of drugs. The leader of the drug trade of Southie during this time was a man named James Whitey Bulger. The ...
Statutory law comes into existence by Congress and the various state legislative bodies that make up another source of law. Courts develop the common law rules from the principles behind the decisions in actual disputes. Common law is the law created by judges when interpreting statutory law. If statutory law conflicts with common law, statutory law will govern because the body of statutory law has expanded greatly since the founding of this nation. This expansion has resulted in a proportionate reduction in the scope and applicability of the common law. However, the common law remains a significant source of legal authority. Even when legislation had been substituted for common law principles, courts often rely on the common law as a guide to interpreting the legislation on the theory that people who drafted the statute intended to codify an existing common law rule.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
meanings. A crime is any act constituting an offense punishable by law. An assault is any action
Law is a social construct, which is a result of various external social influences like culture, history, politics, economy and power. It describes the society that it exists in as it is the ideologies and values of a society that are embodied as rules and principles of law. Law constructs a framework for the society, according to the goals, interests and understandings of the people of that society i.e. It reflects the ideals, ideas and ideologies of a distinct legal culture.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
What makes a criminal? This is a question that I hope to divulge a plausible answer for. Criminals are people who are liable of deplorable rough unlawful acts, which maltreat the laws of a nation. Criminality is the act of carrying out a crime, which therapists have concocted numerous speculations and reasons regarding why individuals perpetrate criminal acts.
Crime is an act in violation of a law, unlawful activity, an unjust, senseless, a disgraceful act or condition. A natural crime is an act that is harmful to the society in which one lives. Natural crimes are crimes in any society at any age, and whether or not the crimes are committed by people who are in authority or not. Crimes are forms of unloving behavior that cannot and should not be overlooked. Any natural crime against an individual is a crime against the entire society. Natural crimes are obvious crimes with obvious victims. People who commit robberies, murders, theft, rape, blackmail, extortion, and kidnapping are committing natural crimes. Natural crimes are considered serious crimes against society. Natural crimes are crimes that are committed intentionally, negligently, recklessly, and knowingly. Natural crimes cause the most harm, occur more frequently and are more widespread.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
The basic definition of the word criminal is someone who commits offending behaviour within society (Harrower, 2001). The crime may range from petty theft to murder.
Crime is a human conduct that violates the laws of a state or the ferdral government. There are different ways people view criminal behavours either thourgh the view of the social problem prespective which blames the society and the social responsibility which blames the person who commited the crime. Through thses two prespective we get the idea of therories. A thoerey